Legal Opinion

Mallard v. United States Dist. Court for Southern Dist. of Iowa

Supreme Court of the United States

Decided May 1, 1989No. 87-1490PublishedCited by 4,789 opinions

1Opinion of the CourtJustice Brennan

We are called upon to decide whether 28 U. S. C. § 1915(d) authorizes a federal court to require an unwilling attorney to represent an indigent litigant in a civil case. We hold that it does not.

I

Section 1915(d) provides: “The court may request an attorney to represent any [person claiming informapauperis status] unable to employ counsel and may dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious.” In Nelson v. Redfield Lithograph Printing, 728 F. 2d 1003, 1005 (1984), the Court of Appeals for the Eighth Circuit ordered “the chief…

2Cases cited17 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  3. Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980
  4. Will v. United StatesSupreme Court of the United States · 1967
  5. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943

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

3Cited by4,789 opinions

  1. Pruitt v. MoteCourt of Appeals for the Seventh Circuit · 2007
  2. Rowland v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
  3. Tabron v. GraceCourt of Appeals for the Third Circuit · 1993
  4. In Re American Medical Systems, Inc. Pfizer, Inc.Court of Appeals for the Sixth Circuit · 1996
  5. Fitzgerald v. First East Seventh Street Tenants Corp.Court of Appeals for the Second Circuit · 2000

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