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  • Jones v. Evans, 10th Cir. (1999)

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    Ferman Jones filed a 42 U.S.C. § 1983 claim against his former public defender Karen Evans, alleging that she denied him access to the courts by manufacturing claims that led to him being sent to a state hospital. The United States Court of Appeals for the Tenth Circuit affirmed the district court's dismissal of the claim. The appellate court determined that Evans was not a state actor as required for § 1983 liability because, as established by the Supreme Court, a public defender does not act under color of state law when performing traditional defense functions.

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    Filed: 1999-07-13 Precedential Status: Non-Precedential Docket: 99-6040

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    Ferman Jones filed a 42 U.S.C. § 1983 claim against his former public defender Karen Evans, alleging that she denied him access to the courts by manufacturing claims that led to him being sent to a state hospital. The United States Court of Appeals for the Tenth Circuit affirmed the district court's dismissal of the claim. The appellate court determined that Evans was not a state actor as required for § 1983 liability because, as established by the Supreme Court, a public defender does not act under color of state law when performing traditional defense functions.

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    6 views2 pages

    Jones v. Evans, 10th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    Ferman Jones filed a 42 U.S.C. § 1983 claim against his former public defender Karen Evans, alleging that she denied him access to the courts by manufacturing claims that led to him being sent to a state hospital. The United States Court of Appeals for the Tenth Circuit affirmed the district court's dismissal of the claim. The appellate court determined that Evans was not a state actor as required for § 1983 liability because, as established by the Supreme Court, a public defender does not act under color of state law when performing traditional defense functions.

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    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS

    United States Court of Appeals


    Tenth Circuit

    TENTH CIRCUIT

    JUL 13 1999

    PATRICK FISHER
    Clerk

    FERMAN JONES,
    Plaintiff-Appellant,
    v.

    No. 99-6040

    KAREN EVANS,
    Defendant-Appellee.

    (D.C. No. CIV-98-469-M)


    (W.D. Okla.)

    ORDER AND JUDGMENT

    Before ANDERSON, KELLY and BRISCOE, Circuit Judges.


    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination of
    this appeal.

    See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is

    therefore ordered submitted without oral argument.


    Plaintiff Ferman Jones, appearing pro se and

    in forma pauperis , appeals

    from the district courts dismissal of his 42 U.S.C. 1983 claim against his
    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
    *

    former state public defender. We exercise jurisdiction pursuant to 28 U.S.C.


    1291 and affirm.
    Jones complains that defendant Karen Evans, in her former role as an
    Oklahoma County public defender, manufactured claims, forcing [him to be] sent
    to the Vinita State Hospital, and thereby denied him access to the courts. The
    district court dismissed Jones complaint for failure to state a claim upon which
    relief may be granted because Evans is not a state actor. Potential liability under
    1983 attaches only to persons who are acting under color of state law. The
    Supreme Court expressly held in

    Polk County v. Dodson , 454 U.S. 312, 325

    (1981), that a public defender does not act under color of state law when
    performing a lawyers traditional functions as counsel to a defendant in a criminal
    proceeding. Accordingly, the judgment of the district court is AFFIRMED. The
    mandate shall issue forthwith.
    Entered for the Court
    Mary Beck Briscoe
    Circuit Judge

    -2-

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