Jermaine Young v. Andrew Achey

Young v. Achey · United States District Court for the Northern District of Indiana, South Bend Division · May 21, 2026 · No. 3:26-CV-646-TLS-JEM

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

  1. The complaint failed to state a § 1983 claim because Achey was not acting under color of state law while performing traditional defense-counsel functions.
  2. The action was dismissed as frivolous under 28 U.S.C. § 1915A.
  3. Leave to amend was denied because amendment would be futile.

Questions Presented

  1. Whether Young's complaint stated a claim under 42 U.S.C. § 1983 against his criminal defense attorney.
  2. Whether the complaint should be dismissed under 28 U.S.C. § 1915A.
  3. 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.

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