Legal Opinion

Luna v. International Ass'n of Machinists & Aerospace Workers Local 36

Court of Appeals for the Fifth Circuit

Decided March 28, 1980No. 78-1767PublishedCited by 11 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

In this case brought under Title VII, 42 U.S.C. §§ 2000e to 17 (1976), we must decide whether the district judge abused his discretion when he denied appellant’s request for appointed counsel, dismissed the suit with prejudice, and assessed attorneys’ fees against appellant. Because we conclude that the judge abused his discretion in denying appointed counsel and in dismissing the suit, we reverse the judgment and remand the case to the district court.

I. Facts.

Appellant Luna, a sixty year old Mexican-American, had worked as a machinist for appellee Southern Pacific…

2Cases cited6 opinions

  1. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  2. McDonald v. Santa Fe Trail Transportation Co.Supreme Court of the United States · 1976
  3. Fulton CASTON, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, HATTIESBURG, MISSISSIPPI, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1977
  4. Jeanette B. FLOWERS, Plaintiff-Appellant, v. TURBINE SUPPORT DIVISION Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  5. Peter J. WRENN, Plaintiff-Appellant, v. AMERICAN CAST IRON PIPE COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1978

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3Cited by11 opinions

  1. Susan B. CASTNER, Plaintiff-Appellant, v. COLORADO SPRINGS CABLEVISION, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1992
  2. Nancy S. Bradshaw, Individually and on Behalf of Others Similarly Situated v. Zoological Society of San DiegoCourt of Appeals for the Ninth Circuit · 1981
  3. Aljoe Poindexter v. Federal Bureau of InvestigationCourt of Appeals for the D.C. Circuit · 1984
  4. American Southern Insurance v. BuckleyDistrict Court, E.D. Texas · 2010
  5. Reynolds v. RobertsDistrict Court, M.D. Alabama · 1994

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