TaiLexi AI U.S. Case Law

Thomas Wesley Nelson v. Eugene Stratton, Attorney at Law

Thomas Wesley NELSON, Plaintiff-Appellant, v. Eugene STRATTON, Attorney at Law, Defendant-Appellee

Nelson v. Stratton, 469 F.2d 1155 (5th Cir. 1972)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
December 11, 1972
Docket
No. 72-2645
Judges
Brown, Goldberg, Morgan
Citations
469 F.2d 1155

Opinion — Per Curiam

PER CURIAM:

Thomas Wesley Nelson has appealed from the district court’s dismissal of his Civil Rights 1

complaint which named as defendant the attorney who represented him in a criminal ease. We affirm the ruling below.

The appellant has alleged that the attorney did not accord effective legal representation in several enumerated respects, as the result of which Nelson was convicted of a felony in a Texas state court. Nelson further alleges that the attorney was retained for him by his former employer.

The district court held that the complaint failed to state a claim under 42 U.S.C. § 1983 , since a retained counsel is not acting under color of state law within the purview of the statute. We agree. United States ex rel. Gittlemacker v. Commonwealth of Pa., E.D. Pa.1968, 281 F.Supp. 175 , affirmed 3rd Cir. 1969, 413 F.2d 84 , cert. denied 396 U.S. 1046 , 90 S.Ct. 696 , 24 L.Ed.2d 691 . Our statement in O’Brien v. Colbath, 5th Cir. 1972, 465 F.2d 358 , [1972] that “in our opinion [§ 1983] was never intended as a vehicle for prosecuting malpractice suits against court-appointed attorneys” is all the more applicable to suits against one’s former privately-retained counsel. The order appealed from is affirmed.

Affirmed.

1

. 42 U.S.C. § 1983 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1973: 21974: 11976: 21981: 11988: 11995: 12023: 22025: 219732026peak 1973 · 2

Relies on it most ⓘ

  1. Ogbebor v. HardyNo. 6:24-cv-00313 (W.D. La. July 7, 2025)
  2. Ronald P. Richardson v. Les Fleming651 F.2d 366 (5th Cir. 1981)
  3. Winbush v. LouisianaNo. 5:24-cv-00669 (W.D. La. July 11, 2025)
  4. Fred Douglas Mills v. Criminal District Court 3, Hon. Gary Stephens, and Lee Ann Breading, District Attorney837 F.2d 677 (5th Cir. 1988)
  5. Joseph Deas, Jr. v. Attorney Jack Potts547 F.2d 800 (4th Cir. 1976)
  6. United States of America ex rel. George Simmons v. Mr. Robert J. Zibilich, Attorney at Law542 F.2d 259 (5th Cir. 1976)

Most recent

  1. Winbush v. LouisianaNo. 5:24-cv-00669 (W.D. La. July 11, 2025)
  2. Ogbebor v. HardyNo. 6:24-cv-00313 (W.D. La. July 7, 2025)
  3. Carstarphen v. GillespieNo. 1:22-cv-00412 (S.D. Ala. Aug. 10, 2023)
  4. Carstarphen v. GillespieNo. 1:22-cv-00412 (S.D. Ala. Aug. 9, 2023)
  5. Medina v. Minerva907 F. Supp. 379 (M.D. Fla. 1995)
  6. Fred Douglas Mills v. Criminal District Court 3, Hon. Gary Stephens, and Lee Ann Breading, District Attorney837 F.2d 677 (5th Cir. 1988)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Young v. McGee, 396 U.S. 1047 (1970) 91
O'Brien v. Colbath, 465 F.2d 358 (5th Cir. 1972) 35
United States ex rel. Gittlemacker v. Pennsylvania, 281 F. Supp. 175 (E.D. Pa. 1968) 17

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list