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LEONARD v. HAMMOND

No. 86-7540.

804 F.2d 838 (1986)

Darrel Ray LEONARD and Johnny A. Casselbury, Appellants, v. L.T. HAMMOND, Jr. and William M. Neely, in their capacities as District Court Judges of Randolph County, Appellees. North Carolina Civil Liberties Union, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 10, 1986.

Attorney(s) appearing for the Case

Stanley B. Sprague (Central Carolina Legal Services, Inc., on brief) for appellants.

Lemuel W. Hinton and Clifton H. Duke, Asst. Attys. Gen., for appellees.

Gregory C. Malhoit, East Cent. Community Legal Services, on brief, for Amicus Curiae.

Before ERVIN and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

ERVIN, Circuit Judge:

Plaintiffs/appellants Leonard and Casselbury brought this action after each had been imprisoned under separate civil contempt orders for failure to pay child support. Plaintiffs claim that their due process rights were violated when defendants, Neely and Hammond, state trial court judges presiding over the contempt hearings, failed to appoint counsel for plaintiffs, who were indigent at the time. The district court dismissed the action on

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