Huddleston v. Kinnard et al

Filing 3

MEMORANDUM OPINION OF THE COURT signed by District Judge Kevin H. Sharp on 9/19/2014. (xc: Pro se party by regular and certified mail.)(ds)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

ROBERT HUDDLESTON
Plaintiff,

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v.
JAMES KINNARD
Defendant.

No.3:14-1848
Judge Sharp

M E M O R A N D U M
The plaintiff, proceeding pro se, is an inmate at the Wilson
County Jail in Lebanon, Tennessee. He brings this action pursuant
to 42 U.S.C. § 1983 against James Kinnard, a member of the Wilson
County Bar, seeking damages.
The defendant represented the Estate of John Draper in a
probate matter. The plaintiff claims that, during this proceeding,
the defendant defrauded him out of money and property promised to
him by the Estate.
To establish a claim for § 1983 relief, the plaintiff must
plead and prove that the defendant, while acting under color of
state law, deprived him of a right or privilege guaranteed by the
Constitution or laws of the United States. Parratt v. Taylor, 451
U.S. 527, 535 (1981).
It is well settled that attorneys, even those appointed by the
courts, do not act “under color of state law” within the meaning of

§ 1983 when representing a client. Polk County v. Dodson, 454 U.S.
312

(1981);

Mulligan

v.

Schlachter,

389

F.2d

231,

233

(6th

Cir.1968). Thus, plaintiff’s claim that the defendant defrauded him
during the settlement of an estate is not actionable under § 1983.
When a prisoner plaintiff proceeding in forma pauperis, as is
the case here, fails to state a claim upon which relief can be
granted, the Court is obliged to dismiss the instant action sua
sponte. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.

____________________________
Kevin H. Sharp
United States District Judge