Heller
Heller v. Marin County Public Defender's Office
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK ANTHONY HELLER, Case No. 23-cv-05585-WHO (PR) come v. ORDER OF DISMISSAL
MARIN COUNTY PUBLIC DEFENDER’S OFFICE, et al., Defendants.
Plaintiff Mark Anthony Heller raises claims against his public defenders and the S || Marin County Public Defender’s Office for allegedly mishandling his criminal defense. || (Compl., Dkt. No. 1.) His 42 U.S.C. § 1983 complaint containing these allegations is now a 16 || before me for review pursuant to 28 U.S.C. § 1915A(a).
This suit is DISMISSED because public defenders do not act under color of state || law, an essential element of an action under 42 U.S.C. § 1983, when performing a lawyer’s 19 || traditional functions. Polk County v. Dodson, 454 U.S. 312, 318-19 (1981). Because they 20 || do not act under color of state law, a section 1983 suit against public defenders for || performing lawyerly functions cannot proceed. The Clerk shall enter…