Opinion · Court of Appeals for the Fifth Circuit

Joe Eugene Skipper v. Bennett H. Brummer, Davis Cohen, and Lennie Cooperman

598 F.2d 427

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1979-07-06
Topic
litigation

PER CURIAM. Appellant Skipper filed suit against Brummer, Cohen, Cooperman, three public defender lawyers, under 42 U.S.C. § 1983, requesting $1,000,000 damages and alleging that appellees denied him effective assistance of counsel by allowing him to proceed to trial without counsel. The lower court held for appellees on the ground that public defenders are immune from liability under § 1983. We affirm this result, but for the reason that in this circuit the actions of court-appointed attorneys are not state action. Slavin v.

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UpLaw has not yet analyzed Joe Eugene Skipper v. Bennett H. Brummer, Davis Cohen, and Lennie Cooperman. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions
SKIPPER v. BRUMMER,598 F.2d 427(5th Cir. 1979)
JOE EUGENE SKIPPER, PLAINTIFF-APPELLANT, v. BENNETT H. BRUMMER, DAVIS COHEN,
AND LENNIE COOPERMAN, DEFENDANTS-APPELLEES.
No. 78-3567.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
July 6, 1979.
Page 428
Joe Skipper, pro se.

Jim Smith, Atty. Gen., Brian E. Norton, Asst. Atty. Gen., Dept. of Legal Affairs, Civil Div., Tallahassee, Fla., for defendants-appellees.
Appeal from the United States District Court for the Southern District of Florida.
Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.
PER CURIAM.
[1] Appellant Skipper filed suit against Brummer, Cohen, Cooperman, three public defender lawyer, under42 U.S.C. § 1983, requesting $1,000,000 damages and alleging that appellees denied him effective assistance of counsel by allowing him to proceed to trial without counsel. The lower court held for appellees on the ground that public defenders are immune from liability under § 1983. We affirm this result, but for the reason that in this circuit the actions of court-appointed attorneys are not state action.Slavin v. Curry,574 F.2d 1256,1265(5th Cir. 1978); U.S.ex rel. Simmons v. Zibilich,542 F.2d 259,261(5th Cir. 1976).

[2] AFFIRMED.
  1. Rule 18, 5 Cir.;see Isbell Enterprises, Inc. v. CitizensCasualty Co. of New York et al.,5 Cir., 1970,431 F.2d 409, Part I. ↩