In the case of Polk County et al. v. Dodson, a public defender was sued by an inmate for allegedly providing inadequate legal representation that resulted in his conviction. The Supreme Court ruled 5-4 that public defenders cannot be sued for damages under Section 1983 of the Civil Rights Act because they do not act on behalf of the state when representing clients, but rather as private individuals under contract with their client to provide legal services. Therefore, they are not considered "state actors" and are immune from liability in such cases. This ruling clarified the role and responsibilities of public defenders within the justice system.

In the dissenting opinion for Polk County et al. v. Dodson, Justice Brennan argued that public defenders should not be considered state actors when they are representing their clients in a lawsuit. He stated that this classification could potentially interfere with the attorney-client relationship and undermine the Sixth Amendment right to counsel by creating conflicts of interest between serving the state and advocating for their client's best interests. Furthermore, he expressed concern about chilling effects on effective representation if public defenders were held liable under Section 1983 for alleged constitutional violations during criminal proceedings. This liability risk might deter attorneys from accepting such positions or lead them to practice overly cautious law out of fear of litigation, thereby harming indigent defendants who rely on these services.