Fred George Cox v. Harry L. Hellerstein, Assistant Federal Public Defender, James F. Hewitt, Federal Public Defender

In 1978, appellant Fred George Cox was convicted by a jury of aggravated armed bank robbery. His conviction was affirmed on appeal, and a petition for writ of certiorari was denied by the United States Supreme Court. Appellee Harry L. Heller-stein, Assistant Federal Public Defender, represented Cox throughout trial and the appellate process.

In 1980, Cox filed a civil rights complaint alleging that Hellerstein, and appellee James F. Hewitt, Federal Public Defender, as Hellerstein’s supervisor, violated Cox’s federally-protected rights during the course of Hellerstein’s court-appointed representation of Cox. In his complaint, Cox alleged that Hellerstein was “ineffective, inadequate, incompetent, and unprofessional” as defense counsel. Cox alleged that Heller-stein failed to call witnesses who should have been called, worked for the prosecution to obtain a conviction, and divulged confidential matters to the prosecution. The district court granted Hellerstein’s motion to dismiss, and Cox appeals. We affirm on the ground that Polk County v. Dodson, - U.S. -, 102 S.Ct. 445 , 70 L.Ed.2d 509 (1981) is controlling authority that the district court lacked subject matter jurisdiction…