U.S. Court of Appeals for the Ninth Circuit, 2010

Kendel Jensen v. Kelley Douglas

Kendel Jensen v. Kelley Douglas
U.S. Court of Appeals for the Ninth Circuit · Decided August 26, 2010 · Hawkins, McKeown, Ikuta
393 F. App'x 458

Kendel Jensen v. Kelley Douglas

Opinion

MEMORANDUM **

Kendel Vance and Amber Jensen appeal pro se from the district court’s judgment dismissing their 42 U.S.C. § 1983 action alleging injuries arising from child dependency proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Peterson v. California, 604 F.3d 1166, 1169 (9th Cir. 2010). We affirm.

The district court properly dismissed the action against defendant Harris, a private attorney appointed by the court to represent Amber Jensen in the child dependency proceedings, because he did not act under color of state law. See Polk County v. Dodson, 454 U.S. 312, 318 n. 7, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981) (noting that a private attorney, even one appointed by the court, does not act under the color of state law for purposes of 42 U.S.C. § 1983 when performing the traditional role of an attorney).

The Jensens’ remaining contentions are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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