Adams v. Morris
Adams v. Morris
Opinion of the Court
ORDER
Vincent Darrell Adams, a Kentucky prisoner proceeding pro se, appeals a district court order dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. RApp. P. 34(a).
At the time the complaint was filed, Adams was a pretrial detainee at the Jefferson County Corrections Department. In the complaint, Adams states that during a courtroom hearing, defendant Geoffrey P. Morris, a Jefferson Circuit Court Judge, told him that he could not ask his public defender “stupid questions.” Adams alleges that defendant Morris also threatened to make Adams represent himself. Adams claims that these actions violated his First Amendment right of free
We review de novo a district court judgment dismissing a complaint as frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A. See McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997). A complaint may be dismissed as frivolous if the claims lack an arguable or rational basis in law or fact. See Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). In determining whether a complaint fails to state a claim, the court must construe the complaint in a light most favorable to the plaintiff, accept all the factual allegations as true, and determine whether the plaintiff undoubtedly can prove no set of facts in support of his claims that would entitle him to relief. See Bibbo v. Dean Witter Reynolds, Inc., 151 F.3d 559, 561 (6th Cir. 1998). We review de novo dismissals for lack of jurisdiction. See Cheater Detroit Res. Recovery Auth. v. United States ERA, 916 F.2d 317, 319 (6th Cir. 1990).
Upon review, we conclude that the district court correctly concluded that defendant Morris is not a “person” subject to suit for money damages under § 1983. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 70-71, 109 S.Ct. 2304,105 L.Ed.2d 45 (1989). Moreover, a suit against a state official in his official capacity is not a suit against the official but rather a suit against his official office. Id. at 70, 109 S.Ct. 2304. The Eleventh Amendment bars a suit against a state or one of its agencies in federal court unless the state has given express consent, regardless of the relief sought. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984). Kentucky has not waived its immunity. See Whittington v. Milby, 928 F.2d 188, 193-94 (6th Cir. 1991) (citing Quern v. Jordan, 440 U.S. 332, 341, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979)).
The district court properly dismissed the complaint against defendant Frederick. Defendant Frederick is not subject to suit under § 1983. A lawyer representing a client is not, by virtue of being an officer of the court, a state actor under color of state law within the meaning of § 1983. See Polk County v. Dodson, 454 U.S. 312, 318, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981). Therefore, Adams fails to state a § 1983 claim against defendant Frederick.
Finally, Adams’s complaint essentially asserts that he is being illegally confined by the state. In Heck v. Humphrey,
Accordingly, the district court’s order is affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Vincent Darrell ADAMS v. Geoffrey P. MORRIS, Judge, Honorable Circuit Court Judge Jennifer L. Frederick, Assistant District Defender
- Cited By
- 123 cases
- Status
- Published