Mallard v. United States Dist. Court for Southern Dist. of Iowa
Supreme Court of the United States
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…
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