Otha Eric Townsend v. Sharon Jack, No. 11-1023 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil case - civil rights. Public defender was not acting under color of state law when he represented Townsend, and the district court did not err in dismissing this Section 1983 action for failure to state a claim.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1023 ___________ Otha Eric Townsend, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Sharon Jacks, Assistant Public * Defender, Individual and Official * [UNPUBLISHED] Capacity, also known as Sharon * Jackson, * * Appellee. * ___________ Submitted: May 27, 2011 Filed: June 3, 2011 ___________ Before LOKEN, MURPHY, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Minnesota inmate Otha Eric Townsend appeals the district court s1 order dismissing his 42 U.S.C. ยง 1983 action against his former state public defender. After careful de novo review, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam), we agree with the district court that Townsend failed to state a claim because 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota. the public defender was not acting under color of state law when representing Townsend, see Polk Cnty. v. Dodson, 454 U.S. 312, 325 (1981). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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