Joe Eugene Skipper v. Bennett H. Brummer, Davis Cohen, and Lennie Cooperman

U.S. Court of Appeals for the Fifth Circuit
Joe Eugene Skipper v. Bennett H. Brummer, Davis Cohen, and Lennie Cooperman, 598 F.2d 427 (5th Cir. 1979)
1979 U.S. App. LEXIS 13386
Goldberg, Per Curiam, Roney, Tjo-Flat

Joe Eugene Skipper v. Bennett H. Brummer, Davis Cohen, and Lennie Cooperman

Opinion

PER CURIAM.

Appellant Skipper filed suit against Brummer, Cohen, Cooperman, three public defender lawyers, under 42 U.S.C. § 1983, requesting $1,000,000 damages and alleging that appellees denied him effective assistance of counsel by allowing him to proceed to trial without counsel. The lower court held for appellees on the ground that public defenders are immune from liability under § 1983. We affirm this result, but for the reason that in this circuit the actions of court-appointed attorneys are not state action. Slavin v. Curry, 574 F.2d 1256, 1265 (5th Cir. 1978); U. S. ex rel. Simmons v. Zibilich, 542 F.2d 259, 261 (5th Cir. 1976).

AFFIRMED.

Reference

Full Case Name
Joe Eugene SKIPPER, Plaintiff-Appellant, v. Bennett H. BRUMMER, Davis Cohen, and Lennie Cooperman, Defendants-Appellees
Cited By
4 cases
Status
Published