Does a public defender act under color of state law?

A public defender does not act under color of state law, an essential element of an action under 42 U.S.C. 1983, when performing a lawyer's traditional functions, such as entering pleas, making motions, objecting at trial, cross-examining witnesses, and making closing arguments. Polk County, 454 U.S. at 318-19. It matters not that the public defender failed to exercise independent judgment or that he was employed by a public agency; it is the nature and context of the function performed by the public defender that is determinative under Polk County. Miranda v. Clark County, Nevada, 319 F.3d 465, 468 (9th Cir.) (en banc), cert. denied, Clark County, Nev. v. Miranda, 540 U.S. 814 (2003).