Summary
The court dismissed Jermaine Young’s prisoner complaint against his criminal defense attorney under 28 U.S.C. § 1915A. It held that the attorney was not acting under color of state law and that amendment would be futile.
Holdings
- The complaint failed to state a § 1983 claim because Achey was not acting under color of state law while performing traditional defense-counsel functions.
- The action was dismissed as frivolous under 28 U.S.C. § 1915A.
- Leave to amend was denied because amendment would be futile.
Questions Presented
- Whether Young's complaint stated a claim under 42 U.S.C. § 1983 against his criminal defense attorney.
- Whether the complaint should be dismissed under 28 U.S.C. § 1915A.
- Whether Young should be granted leave to amend the complaint.
Disposition
dismissed
Cases Cited (5)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(followed)
- Polk County v. Dodson, 454 U.S. 312, 325 (1981)(followed)
- McDonald v. White, 465 F. App'x 544, 548 (7th Cir. 2012)(followed)
- Abu-Shawish v. United States, 898 F.3d 726, 738 (7th Cir. 2018)(followed)
- Russell v. Zimmer, Inc., 82 F.4th 564, 572 (7th Cir. 2023)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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