the state court to represent him in a criminal proceeding, but that the defendant nevertheless requested and received $500.00 from plaintiff's wife as a fee for such representation. On December 3, defendant filed a motion to dismiss the complaint for failure to state a claim upon which relief may be granted. Plaintiff has not responded to the motion.
Defendant contends that the complaint fails to state a claim because plaintiff did not and cannot allege a necessary element of a claim under § 1983 of the Civil Rights Act, i.e., that defendant acted "under color of state law"
in his capacity as court-appointed defense counsel in a criminal case.
Notwithstanding that plaintiff has filed no response to the motion, I will rule on it since the point of law is so clear that a response would be unavailing. In Black v. Bayer, 672 F.2d 309 (3d Cir. 1982), the court held that private and court-appointed attorneys "do not act under color of state law for purposes of § 1983." Id. at 314.
The accusation made by plaintiff raises serious questions about the propriety of defendant's alleged conduct, but the federal courts, under § 1983, are not the appropriate forum in which to resolve them. I will enter an order granting the motion to dismiss.
This 29th day of December, 1982, it is
ORDERED that defendant's Motion to Dismiss the complaint for failure to state a claim is GRANTED.