A client failed to establish federal question jurisdiction in a suit against a law firm.

Insofar as Plaintiff seeks to rely on 42 U.S.C. § 1983, the Court notes that a defense attorney in a criminal proceeding, whether retained or court appointed, is not a state actor. See Polk County v. Dodson, 454 U.S. 312, 325 (1981) (holding that "a public defender does not act under color of state law when performing a lawyer's traditional functions as counsel to a defendant in a criminal proceeding"); Mills v. Criminal Dist. Court No. 3, 837 F.2d 677, 679 (5th Cir.1988) (holding that "private attorneys, even court-appointed attorneys, are not official state actors, and generally are not subject to suit under section 1983"); Russell v. Millsap, 781 F.2d 381, 383 (5th Cir.1985) (holding that retained attorney does not act under color of state law).

Diggs v. Menes Law Firm, No. 3-06-CV-2232-N, 2007 WL 1119284 (N.D. Tex. April 16, 2007).