Secress
Secress v. Ullman
Opinion
Lead Opinion
MEMORANDUM **
Amy Secress appeals pro se the district court’s order dismissing her 42 U.S.C. §§ 1983 and 1985 action alleging that two state court judges, a private mediator, and a court-appointed lawyer violated her constitutional rights during the course of child custody proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Kimes v. Stone, 84 F.3d 1121, 1126 (9th Cir.1996), and we affirm.
The district court properly dismissed Secress’ section 1983 claims against Judges Ullman and Mize because a state court judge is entitled to absolute immunity for judicial actions taken within his jurisdiction. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922-23 (9th Cir.2004).
The district court properly dismissed Secress’ claims against defendant Stevens — a court-appointed attorney assigned to represent the minor child — because Stevens was not a state actor. See Simmons v. Sacramento County Superior Court, 318 F.3d 1156, 1161 (9th Cir.2003) (holding that plaintiff cannot sue opposing counsel under section 1983, “because he is a lawyer in private practice who was not acting under color of state law” and…