William Webb, Jr. v. Brian Chapman ( 2021 )

DLD-203 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 21-1663
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WILLIAM JOSEPH WEBB, JR.,
Appellant
v.
BRIAN J. CHAPMAN; LAW OFFICES OF BRIAN J. CHAPMAN
____________________________________
On Appeal from the United States District Court
for the District of Delaware
(D.C. Civil Action No. 1:20-cv-00270)
District Judge: Honorable Richard G. Andrews
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Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or
Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
June 17, 2021
Before: JORDAN, KRAUSE and PHIPPS, Circuit Judges
(Opinion filed: July 14, 2021)
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OPINION *
_________
PER CURIAM
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
William J. Webb, Jr., a pretrial detainee proceeding pro se and in forma pauperis,
appeals from the District Court’s order dismissing his complaint and denying his motions
to amend the complaint, to disqualify counsel, for appointment of counsel, for default
judgment, and for injunctive relief. For the reasons described below, we will summarily
affirm.
I.
In December 2019, Webb filed a complaint in state court pursuant to 42 U.S.C. §
1983 and the Delaware Constitution 1 against Brian J. Chapman, an attorney who
apparently represented Webb in criminal proceedings, and the Law Offices of Brian
Chapman. Webb alleged that the defendants violated his rights to effective assistance of
counsel and to a fair trial by, inter alia, sharing information with the Deputy Attorney
General that was used to secure an indictment against Webb and failing to secure his
release when he was falsely arrested, imprisoned, and maliciously prosecuted.
The defendants removed the matter to the United States District Court for the
District of Delaware and later moved to dismiss. Webb moved to strike the motion to
dismiss, to disqualify defense counsel, to amend his complaint, and for appointment of
counsel, default judgment, and injunctive relief. The District Court granted the motion to
1
Webb also pointed to Del. Code Ann. tit. 10, § 8106, as providing a basis for his
lawsuit; however, that provision merely describes the statute of limitations applicable to
various categories of civil actions.
2
dismiss, denied Webb’s motion to amend, and denied Webb’s remaining motions as
moot. Webb timely appealed.
II.
We have jurisdiction pursuant to 28 U.S.C. § 1291 and review the District Court’s
grant of a motion to dismiss under Rule 12(b)(6) de novo. See Newark Cab Ass’n v. City
of Newark, 901 F.3d 146, 151 (3d Cir. 2018). To survive dismissal, a complaint must set
out “sufficient factual matter” to show that its claims are facially plausible. See Ashcroft
v. Iqbal, 556 U.S. 662, 678 (2009). We accept all factual allegations in the complaint as
true and construe them in the light most favorable to the plaintiff, Fleisher v. Standard
Ins. Co., 679 F.3d 116, 120 (3d Cir. 2012), and we construe Webb’s pro se complaint
liberally, see Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). We may
summarily affirm “on any basis supported by the record” if the appeal fails to present a
substantial question. See Murray v. Bledsoe, 650 F.3d 246, 247 (3d Cir. 2011) (per
curiam); 3d Cir. L.A.R. 27.4; I.O.P. 10.6.
III.
“To state a claim under § 1983, a plaintiff must . . . show that the alleged
deprivation was committed by a person acting under color of state law.” West v. Atkins,
487 U.S. 42, 48 (1988). As the District Court recognized, attorneys representing
individuals in criminal proceedings generally are not state actors for purposes of § 1983.
See, e.g., Polk County v. Dodson, 454 U.S. 312, 325 (1981) (holding that “a public
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defender does not act under color of state law when” acting as “counsel to a defendant in
a criminal proceeding”); Black v. Bayer, 672 F.2d 309, 314 (3d Cir. 1982), abrogated on
other grounds by D.R. v. Middle Bucks Area Vocational Tech. Sch., 972 F.2d 1364, 1368
n.7 (3d Cir. 1992) (noting that “no color of state law attache[s] to the functions of court-
appointed counsel”); Steward v. Meeker, 459 F.2d 669, 670 (3d Cir. 1972) (per curiam)
(finding privately retained defense counsel is not a state actor). The District Court thus
properly dismissed Webb’s § 1983 claims because Chapman and his law office are
private—not state—actors.
Although defense attorneys may act “under color of” state law when they conspire
with state officials to deprive a person of his or her federal rights, see Tower v. Glover,
467 U.S. 914, 923 (1984), a plaintiff pleading unconstitutional conspiracy “must assert
facts from which a conspiratorial agreement can be inferred,” Great W. Mining & Min.
Co. v. Fox Rothschild LLP, 615 F.3d 159, 178 (3d Cir. 2010). Webb’s bare assertion that
Chapman provided the Deputy Attorney General with privileged information failed to
plausibly allege any conspiracy, and the conclusory allegations in his proposed amended
complaint and other filings in the District Court fared no better. Under these
circumstances, the District Court did not err in finding amendment would be futile. See
Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002). 2
2
Having dismissed Webb’s complaint, the District Court properly denied Webb’s
outstanding remaining motions as moot.
4
IV.
Because this appeal does not present a substantial question, we will affirm the
judgment of the District Court. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6. 3
3
In light of our disposition, Webb’s motion for remand with jurisdiction retained is
denied. We have considered the arguments raised in that motion and conclude they are
without merit and therefore do not warrant further discussion.
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