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DODSON v. POLK COUNTY

No. 79-1996.

628 F.2d 1104 (1980)

Russell Richard DODSON, Appellant, v. POLK COUNTY; Polk County Board of Supervisors; Polk County Offender Advocate; and Martha Shepard, Individually and through her official capacity as an Agent or Assistant for Polk County, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1980.

Attorney(s) appearing for the Case

John D. Hudson, Des Moines, Iowa, for appellant.

Thomas M. Werner, argued, John H. King, Asst. Polk County Attys., Des Moines, Iowa, on brief, for appellees.

Before HEANEY and ARNOLD, Circuit Judges, and OVERTON, District Judge.

ARNOLD, Circuit Judge.

This appeal presents two related questions concerning the liability under 42 U.S.C. § 1983 of a county-employed public defender: First, whether a public defender, in representing an indigent defendant, acts under color of state law; and second, whether the defender enjoys immunity, either qualified or absolute, for conduct during that representation. The complaint alleged that Martha Shepard, an attorney in the Polk County, Iowa, Offender...

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