Legal Opinion
James Sinclair v. Gloria Ella Spatocco, Alias Gloria E. Reed
Court of Appeals for the Ninth Circuit
Decided February 23, 1972No. 71-1905PublishedCited by 14 opinions
1Per curiam
Dismissal by the District Court was not error.
Appellant’s allegations against his attorney do not amount to violation of his civil rights, giving rise to federal jurisdiction under 42 U.S.C. § 1985. Services performed by an attorney in connection with a lawsuit do not constitute action under color of state law. Dyer v. Rosenberg, 434 F.2d 648 (9th Cir. 1970).
As to the remaining claims, the finding of the District Court that appellant was a citizen of California was not clearly erroneous. Accordingly, diversity of citizenship did not exist. Nor was it error to refuse to defer determination…
2Cases cited4 opinions
- Gilbert v. DavidSupreme Court of the United States · 1915
- Har-Pen Truck Lines, Inc. v. Frederick Allen Mills, IIICourt of Appeals for the Fifth Circuit · 1967
- Walter Seideman v. Anne HamiltonCourt of Appeals for the Third Circuit · 1960
- Maurice R. Dyer v. Bert M. RosenbergCourt of Appeals for the Ninth Circuit · 1970
3Cited by14 opinions
- Thornhill Publishing Company, Inc. v. General Telephone & Electronics CorporationCourt of Appeals for the Ninth Circuit · 1979
- Eugene Barnes v. Sam Elmer DorseyCourt of Appeals for the Eighth Circuit · 1973
- United States of America Ex Rel. George Simmons v. Mr. Robert J. Zibilich, Attorney at LawCourt of Appeals for the Fifth Circuit · 1976
- Thornhill Publishing Co. v. General Telephone & Electronics Corp.Court of Appeals for the Ninth Circuit · 1979
- Village Fair Shopping Center Co. v. Sam Broadhead TrustCourt of Appeals for the Fifth Circuit · 1979
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