Sam L. CARTER, Plaintiff-Appellant, v. CITY OF MEMPHIS, TENNESSEE, Defendant-Appellee

This case illustrates the dilemma confronting a district court when a plaintiff fails to comply with a court’s pre-trial orders. The court is faced with a Hobson’s choice: either it penalizes the plaintiff for the neglect or incompetence of his counsel, or it must overlook the non-compliance thereby rendering its order a nullity. Sam L. Carter appeals the dismissal of his civil rights action because his attorney failed to comply with the district court’s order. Carter contends that the district court dismissal was an abuse of discretion. For the reasons set forth below, we reverse the…