Keon S. Hamlett v. Frank Wright

Summary

The United States District Court for the Western District of Virginia dismissed Keon S. Hamlett’s pro se § 1983 action against his privately retained criminal defense attorney. The court held that the attorney did not act under color of state law while representing Hamlett in criminal proceedings, and therefore the complaint failed to state a viable § 1983 claim. The dismissal was without prejudice under 28 U.S.C. § 1915(e)(2)(B).

Holdings

1. A private attorney, including one appointed by the court, does not act under color of state law when representing a criminal defendant; therefore, the complaint did not state a viable § 1983 claim against Wright.
2. The complaint had to be dismissed without prejudice for failure to state a claim upon which relief could be granted.

Questions Presented

1. Whether the complaint stated a claim under 42 U.S.C. § 1983 against a private criminal-defense attorney who represented the plaintiff in state criminal proceedings.
2. Whether the complaint was subject to dismissal during mandatory in forma pauperis screening under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim.

Disposition

dismissed