Legal Opinion
Victor Frank Szijarto v. Charles F. Legeman
Court of Appeals for the Ninth Circuit
Decided August 24, 1972No. 71-2751PublishedCited by 67 opinions
1Per curiam
We affirm the dismissal of plaintiff’s action.
Plaintiff's claim was one for damages, and purportedly rested upon the Civil Rights Act (42 U.S.C. § 1983). His allegations in substance were that defendant, an attorney whom plaintiff had retained, failed to render him reasonable assistance during a state criminal trial, to plaintiff’s injury.
But this Circuit, in common with others, has held that such a claim is not within the purview of the Civil Rights Act, the reason being that an attorney, whether retained or appointed, does not act “under color of” state law. Hence, the claim is not one…
2Cases cited3 opinions
- Thomas U. Mulligan v. Detective Schlachter, Sergeant Ware, Lieutenant Morin, and Benjamin J. SafirCourt of Appeals for the Sixth Circuit · 1968
- Louis French v. William Corrigan and John MacKay and William v. Hopf and Edward Van De Houten, Jr.Court of Appeals for the Seventh Circuit · 1970
- Maurice R. Dyer v. Bert M. RosenbergCourt of Appeals for the Ninth Circuit · 1970
3Cited by67 opinions
- Harry Franklin v. State of Oregon, State Welfare DivisionCourt of Appeals for the Ninth Circuit · 1981
- Hall v. QuillenCourt of Appeals for the Fourth Circuit · 1980
- Briley v. State Of CaliforniaCourt of Appeals for the Ninth Circuit · 1977
- Briley v. CaliforniaCourt of Appeals for the Ninth Circuit · 1977
- Life Insurance Co. Of North America v. Martha Ellen Reichardt, Etc., Martha Ellen Reichardt v. Wesley J. KinderCourt of Appeals for the Ninth Circuit · 1979
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