Legal Opinion

Brett Aaron NELSON, Appellant, v. REDFIELD LITHOGRAPH PRINTING, Sam Demere, and Paul Roach, Appellees

Court of Appeals for the Eighth Circuit

Decided February 22, 1984No. 83-2248PublishedCited by 282 opinions

1Opinion of the Court

LAY, Chief Judge.

This matter comes before us on appeal of the singular issue of whether the trial court abused its discretion in failing to appoint counsel for plaintiff. The instant case was treated in the court below as a Title VII action. Upon review of the record, we find no abuse of discretion in the court’s refusal to appoint counsel but we must respectfully disagree with the standard the district court set forth governing such appointment.

Title 28 U.S.C. § 1915(d) (1976 & Supp. V 1981) governs the request for counsel in a civil proceeding. It states simply: “The court may request an…

2Cases cited2 opinions

  1. Gerald D. Peterson v. Isadore NadlerCourt of Appeals for the Eighth Circuit · 1971
  2. Gary White v. Robert J. WalshCourt of Appeals for the Eighth Circuit · 1981

3Cited by282 opinions

  1. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  2. 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
  3. Jay Dee Jackson v. County of McLean Steve Brenin, Gary Plonse, and David GoldbergCourt of Appeals for the Seventh Circuit · 1992
  4. Johnson v. WilliamsCourt of Appeals for the Eighth Circuit · 1986
  5. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989

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