BRANCH v. COLE

No. 80-4001.

686 F.2d 264 (1982)

Jimmie Lee BRANCH, Petitioner-Appellant, v. Charles Ray COLE, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 14, 1982.


Attorney(s) appearing for the Case

Ronald Reid Welch, Jackson, Miss. (court-appointed), for petitioner-appellee.

W. V. Westbrook, III, Sp. Asst. Atty. Gen., Jackson, Miss., for respondents-appellees.

Before CLARK, Chief Judge, POLITZ and RANDALL, Circuit Judges.


PER CURIAM:

A trial court is not required to appoint counsel for an indigent plaintiff asserting an action under 42 U.S.C. § 1983 unless the case presents exceptional circumstances. Since the district court did not base its decision to deny counsel on whether such circumstances existed, we remand to permit it to make that determination and with contingent directions to hold a new trial in the event it so finds.

The facts of this case are as follows: Jimmie...

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