Roberto Hernandez Miranda v. Clark County, Nevada Morgan Harris Thomas Rigsby

OVERVIEW

We are asked to decide whether an indigent client in a criminal case may resort to the federal civil rights statute, 42 U.S.C. § 1983 , to challenge the manner in which he was represented by his public defender. We answer that question in the negative.

Roberto Hernandez Miranda (“Miranda”) brought this action under § 1983 against Clark County, Nevada (the “County”), the County’s public defender, Morgan Harris (“Harris”), and deputy public defender, Thomas Rigsby (“Rigsby”), alleging the deprivation of his constitutional rights to confrontation, due process, and effective assistance of counsel. The district court dismissed the claims pursuant to Federal Rule of Civil Procedure 12(b)(6).

On appeal, Miranda contends the district court (1) erred in determining that Rigsby did not act under color of state law as required by § 1983, and (2) misapplied the pleading requirements in holding that he failed to state a claim against Harris and the County for alleged unconstitutional policies.

We have jurisdiction over this timely appeal pursuant to Fed.R.Civ.P. 54(b). We hold that Rigsby, in defending Miranda, performed the traditional functions of a defense attorney and, thus,…