Hamilton v. State of Utah, 2:15-cv-00344

Plaintiff Tony Alexander Hamilton, a state prisoner proceeding pro se in forma pauperis, sued contract attorney David J. Angerhofer under 42 U.S.C. § 1983 alleging denial of meaningful access to the courts when Angerhofer failed to assist in completing a § 2241 petition, causing dismissal of the petition.
Angerhofer moved to dismiss, arguing he was a private contract attorney and not a state actor amenable to suit under § 1983.
The court reviewed the complaint under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim and applied liberal construction for pro se pleadings but required sufficient factual allegations.
The court considered precedent distinguishing private attorneys and contractors from state actors for Fourteenth Amendment purposes.
The court concluded that prison contract attorneys, like public defenders, exercise independent professional judgment and do not act under color of state law for § 1983 liability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a prison contract attorney acts under color of state law for § 1983	Angerhofer’s failure to help with a § 2241 petition was state-action that violated Hamilton’s civil rights	Angerhofer is a private contractor/publicly retained lawyer whose actions are not state action for § 1983 purposes	Court held Angerhofer not a state actor; his conduct did not give rise to § 1983 liability
Whether the complaint states a claim for denial of access to courts	Hamilton’s allegation that omission caused dismissal of his § 2241 petition states a deprivation of meaningful access	Even liberally construed, conclusory allegations against a non-state actor cannot support § 1983 relief	Court dismissed complaint with prejudice for failure to state a claim under § 1915(e)(2)(B)

Griffiths v. In re Griffiths, 413 U.S. 717 (1973) (licensing of lawyers by the State does not by itself make them state actors)
Rendell-Baker v. Kohn, 457 U.S. 830 (1982) (private contractors performing services under public contract are not automatically state actors)
Shelley v. Kraemer, 334 U.S. 1 (1948) (Fourteenth Amendment does not reach merely private conduct)
Polk County v. Dodson, 454 U.S. 312 (1981) (public defenders and lawyers exercise independent professional judgment and are not state actors for certain constitutional claims)