Lance Douglas Linton, Sr., Plaintiff-appellant, v. Nelson Traverso, Defendant-appellee, 65 F.3d 175 (9th Cir. 1995)Annotate this Case
Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges.
Arizona state prisoner Lance Douglas Linton, Sr. appeals pro se the district court's grant of summary judgment in favor of his criminal defense attorney, Nelson Traverso, in Linton's 42 U.S.C. § 1983 action seeking compensatory damages and injunctive relief for the alleged improper actions of his counsel during the criminal trial. As the district court correctly concluded, Traverso, as Linton's appointed counsel, was not subject to Sec. 1983 liability because he was not acting under "color of state law." See Polk County v. Dodson, 454 U.S. 312, 315 (1981). Accordingly, the district court's dismissal with prejudice of Linton's 42 U.S.C. § 1983 complaint against Traverso is