Legal Opinion

Jimmie Lee Branch v. Charles Ray Cole

Court of Appeals for the Fifth Circuit

Decided September 20, 1982No. 80-4001PublishedCited by 206 opinions

1Per curiam

A trial court is not required to appoint counsel for an indigent plaintiff asserting an action under 42 U.S.C. § 1983 unless the case presents exceptional circumstances. Since the district court did not base its decision to deny counsel on whether such circumstances existed, we remand to permit it to make that determination and with contingent directions to hold a new trial in the event it so finds.

The facts of this case are as follows: Jimmie Lee Branch is an inmate at the Mississippi State Penitentiary at Parchman, Mississippi. On February 28, 1979, he was escorted by correctional official…

2Cases cited13 opinions

Bounds v. SmithSupreme Court of the United States · 1977
Alvera M. Aldabe v. Charles D. AldabeCourt of Appeals for the Ninth Circuit · 1980
William Knighton, Cross-Appellant v. John C. Watkins, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1980
Fed. Sec. L. Rep. P 98,017 Carl R. Duncan, on Behalf of Himself and All Others Similarly Situated v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1981
Brennan's, Inc. v. Brennan's Restaurants, Inc.Court of Appeals for the Fifth Circuit · 1979

8 more not listed; retrieve them via the Exa API.

3Cited by206 opinions

Allen Hodge v. Police Officers: Colon, 623 and Repuerto, 145Court of Appeals for the Second Circuit · 1986
Genus D. Ulmer v. George Chancellor, Sheriff, and Jones County Board of SupervisorsCourt of Appeals for the Fifth Circuit · 1982
United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat County, State of Washington, and James StarrCourt of Appeals for the Ninth Circuit · 1986
Whisenant v. YuamCourt of Appeals for the Fourth Circuit · 1984
Dee Farmer v. Richard Haas, Edward J. Brennan, and L.E. DuboisCourt of Appeals for the Seventh Circuit · 1993

201 more not listed; retrieve them via the Exa API.