Legal Opinion · Dissent

Nancy S. Bradshaw, Individually and on Behalf of Others Similarly Situated v. Zoological Society of San Diego

Court of Appeals for the Ninth Circuit

Decided December 7, 1981No. 79-3051Published

1DissentWallace, Circuit Judge

I would not reach the merits of this appeal because this case is not properly before us. We lack jurisdiction to hear an interlocutory appeal from an order denying appointment of counsel in a Title VII case. Therefore, I respectfully dissent.

We are a court of limited jurisdiction and have no power to reach out beyond our jurisdiction to correct errors. The Supreme Court has recently cautioned that “interlocutory orders are not appealable ‘on the mere ground that they may be erroneous.’ ” Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 at 378, 101 S.Ct. 669 at 675, 66 L.Ed.2d 571 (1981)…

2Cases cited22 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  5. Abney v. United StatesSupreme Court of the United States · 1977

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