Opinion
CIVIL ACTION NO.: CV611-044.
June 20, 2011
ORDER
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Plaintiff states Assistant Public Defender Karrh should be liable under 42 U.S.C. § 1983 for allegedly violating his due process rights. As correctly noted in the Magistrate Judge's Report, public defenders are not subject to liability under § 1983 when performing traditional functions as counsel to a defendant in a criminal proceeding.
Plaintiffs Objections are without merit and are OVERRULLED. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Plaintiff's complaint is DISMISSED. The Clerk is authorized and directed to enter the appropriate Judgment of dismissal.