Vincent J. Scott v. Chief of Police and Four Other Unnamed Breckenridge Hills, Missouri, Policemen

Eighth Circuit

Vincent J. Scott v. Chief of Police and Four Other Unnamed Breckenridge Hills, Missouri, Policemen

492 F.2d 1310, 1974 U.S. App. LEXIS 9826

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 5, 1974

Docket73-1825

StatusPublished

Cited by3 cases

This text of 492 F.2d 1310 (Vincent J. Scott v. Chief of Police and Four Other Unnamed Breckenridge Hills, Missouri, Policemen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vincent J. Scott v. Chief of Police and Four Other Unnamed Breckenridge Hills, Missouri, Policemen, 492 F.2d 1310, 1974 U.S. App. LEXIS 9826 (8th Cir. 1974).

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Opinion

PER CURIAM.

This is an appeal of an order of Judge Meredith denying appellant’s request for appointment of counsel to assist appellant in the prosecution of a civil rights suit. Appellant is presently incarcerated in the Federal Penitentiary in Leavenworth, Kansas.

Before this Court may reach the merits of the appeal and review the question of whether the denial of appointment of counsel was an abuse of discretion by Judge Meredith, this Court must find the order of denial was a final order within the meaning of 28 U.S.C. § 1291. Peterson v. Nadler, 452 F.2d 754 (8th Cir. 1971). The Peterson rule requires that the order appealed from will result in irreparable harm to appellant.

In this case, the record is silent as to the need of appellant for counsel and the irreparable effects, if any, that will flow from the denial of appointment of counsel. The Court will therefore remand the ease to Judge Meredith for the limited purpose of expanding the record in that regard, after which this Court will again entertain the appeal.

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PER CURIAM.

This is an appeal of an order of Judge Meredith denying appellant’s request for appointment of counsel to assist appellant in the prosecution of a civil rights suit. Appellant is presently incarcerated in the Federal Penitentiary in Leavenworth, Kansas.

Before this Court may reach the merits of the appeal and review the question of whether the denial of appointment of counsel was an abuse of discretion by Judge Meredith, this Court must find the order of denial was a final order within the meaning of 28 U.S.C. § 1291. Peterson v. Nadler, 452 F.2d 754 (8th Cir. 1971). The Peterson rule requires that the order appealed from will result in irreparable harm to appellant.

In this case, the record is silent as to the need of appellant for counsel and the irreparable effects, if any, that will flow from the denial of appointment of counsel. The Court will therefore remand the ease to Judge Meredith for the limited purpose of expanding the record in that regard, after which this Court will again entertain the appeal.

27 Fair empl.prac.cas. 863, 18 Empl. Prac. Dec. P 8689 Leona Hudak v. Curators of the University of Missouri, Patrick D. Kelly, William Anderson, Roger Bern, Guinn Bronson, Norman Crandell, Robert Freilich, Rudolph Heitz, Frederick Hess, Elmer Horseman, Jr., James Jeans, Edwin T. Hood, Robert Popper, John Surlock,lewis Solomon, John Speca, Patricia Batenic, Gary E. Widmar, Wesley Dale, Jamesolson, Marvin Wright, Mrs. Richard Berkmeyer, John Dalton, Irvin Fane, Richardl. Fisher, C. R. Johnston, Pleasant Smith, Wallace R. Stacey, Rex Z. Williams,van o.williams

586 F.2d 105 (Eighth Circuit, 1978)

Don Ray Shields v. Harold Jackson, Police Officer, City of Kennett, Dunklin County, Missouri

570 F.2d 284 (Eighth Circuit, 1978)

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492 F.2d 1310, 1974 U.S. App. LEXIS 9826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vincent-j-scott-v-chief-of-police-and-four-other-unnamed-breckenridge-ca8-1974.

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