Tripati v. Polland

610 F. Supp. 1047, 1985 U.S. Dist. LEXIS 18951
CourtDistrict Court, E.D. Wisconsin
DecidedJune 13, 1985
DocketNo. 85-C-0637
StatusPublished

This text of 610 F. Supp. 1047 (Tripati v. Polland) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tripati v. Polland, 610 F. Supp. 1047, 1985 U.S. Dist. LEXIS 18951 (E.D. Wis. 1985).

Opinion

MEMORANDUM AND ORDER

WARREN, District Judge.

This action was initiated on April 24, 1985, when the plaintiffs filed their pro se [1048]*1048complaint against the several individual, corporate, and governmental defendants. Although the complaint is not a model of pleading clarity, it appears that the principal claims spring from the plaintiffs’ attempt to acquire one of the named defendants, the British American Insurance Company, Ltd. (“BAICL”). Acting as the plaintiffs’ legal and business representative, defendant Milton Rice Polland allegedly met with BAICL president, David Thurlow, in March of 1983 in Malaysia for the purpose of discussing the proposed takeover; one month later, those defendants were joined by co-defendant George Ragsdale, BAICL’s United States representative, in drafting an investment agreement for the purchase of the BAICL by plaintiff Fort Lincoln Group, Inc.

Pursuant to the terms of that contract, the plaintiffs were purportedly to receive all of BAICL’s assets upon payment of $2,000,000.00 in United States currency. In order to facilitate that acquisition, BAICL agents were to provide the Fort Lincoln Group, Inc. with all information and data necessary for licensing the company operations, along with the power of attorney to permit this plaintiff to operate BAICL until all regulatory approvals were secured. The final draft of the contract was allegedly signed by representatives of both defendant BAICL and plaintiff Fort Lincoln Group, Inc. in May of 1983.

The plaintiffs claim that, subsequent to the execution of that contract, they made payment of the $2,000,000.00 purchase price by way of a cashier’s check written against their account in the Imperial Bank of Los Angeles, California, and delivered by their agent, defendant Polland, to a BAICL representative at the Bank of America, also in Los Angeles, California. The complaint charges that, despite receipt of the $2,000,000.00 purchase price, BAICL “inadvertently failed to produce or provide the necessary required documents and data [to] enable the contracting company, Fort Lincoln Group, to obtain regulatory approvals in which to operate the Fiji Island based British American Insurance Company, Ltd.” Plaintiffs’ Complaint at 8 (April 24, 1985). The plaintiffs further allege that, in November of 1983, BAICL withdrew or revoked its obligation to convey its power of attorney, thus abrogating the operational licensing provision of the investment contract.

Later that month, defendant Fiji Island Insurance Commission, aided by Insurance Commissioner Clive Amputch, purportedly took control and seized all of BAICL’s assets and, some two months later, tendered and sold those assets without approval by or compensation for the plaintiffs.

The substantive allegations of the complaint are that defendant BAICL, along with co-defendants Ragsdale, Thurlow, and Polland, conspired together to induce the plaintiffs’ monetary investment, knowing that the “contractual agreement and promise was a sham, perpetrated through improper actuarial analysis.” Plaintiffs’ Complaint at 10 (April 24, 1985). According to the plaintiffs, these conspiratorial acts were undertaken in violation of established fiduciary duties and effected a breach of the contract between the parties, all to the unjust enrichment of the named corporate and individual defendants. Significantly, the complaint also charges that the defendants’ actions were in violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq., and that the seizure and subsequent sale of BAICL assets by defendants Fiji Island Insurance Commission and Clive Amputch were “intentional, deliberate, willful, wanton, and [undertaken] with a conscious and reckless disregard for the right[s] of plaintiffs,” all in violation of international law. Plaintiffs’ Complaint at 18 (April 24, 1985).

By their ad damnum clause, the plaintiffs seek to enjoin defendants BAICL and the Fiji Island Insurance Commission from dispersing any sums held by them in connection with the transaction upon which this lawsuit is premised; they also seek compensatory and punitive damages against all named defendants, rescission of the investment contract executed by the parties, and [1049]*1049an accounting of those monies received by the defendants in connection with the plaintiffs’ investment.

Presently before the Court in this matter is the plaintiffs’ motion for the appointment of counsel, presumably pursuant to 28 U.S.C. § 1915(d). In support of this petition, plaintiff Anant Kumar Tripati has provided the Court with an affidavit of his financial condition, plainly indicating his indigency status. In addition, this plaintiff contends that the allegations articulated in his complaint are colorable; that all of the plaintiffs’ assets are “frozen”; and that “[d]ue to incarceration in a prison in Tucson the number of hours available to research are limited.” Plaintiff’s Motion for the Appointment of Counsel (May 23, 1985).

Of course, there is no constitutional right to appointed counsel in a civil case. Caruth v. Pinkney, 683 F.2d 1044, 1048 (7th Cir.1982), cert. denied, 459 U.S. 1214, 103 S.Ct. 1212, 75 L.Ed.2d 451 (1983); Ehrlich v. Van Epps, 428 F.2d 363, 364 (7th Cir.1970). Nonetheless, federal courts are empowered by statute to appoint counsel when the circumstances justify it; section 1915(d) of the Title 28 of the United States Code specifically authorizes the Court to request an attorney to represent an indigent party in its prosecution of a civil action.

In general, the Court has broad discretion to appoint counsel for indigents under 28 U.S.C. § 1915(d), McKeever v. Israel, 689 F.2d 1315, 1318 (7th Cir.1982); Maclin v. Freake, 650 F.2d 885, 886 (7th Cir.1981), and its denial of counsel will not be overturned unless it would result in fundamental unfairness impinging on due process rights. LaClair v. United States, 374 F.2d 486, 489 (7th Cir.1967); Heidelberg v. Hammer, 577 F.2d 429, 431 (7th Cir.1978). However, discretionary choices are not left to the Court’s inclination but to its judgment, and its judgment is to be guided by sound legal principles. Caruth v. Pinkney, 683 F.2d 1044, 1048 (7th Cir.1982), cert. denied, 459 U.S. 1214, 103 S.Ct. 1212, 75 L.Ed.2d 451 (1983); Ekanem v. Health & Hospital Corporation of Marion County, 589 F.2d 316, 319 (7th Cir.1978).

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Bluebook (online)
610 F. Supp. 1047, 1985 U.S. Dist. LEXIS 18951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tripati-v-polland-wied-1985.