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· 6/5/1991

Sammy Lee Terrell v. R.D. Brewer, Warden Jon Morales Christopher C. Phillips

Citations

  • 935 F.2d 1015
  • 91 Daily Journal DAR 6560
  • 91 Cal. Daily Op. Serv. 4282
  • 1991 U.S. App. LEXIS 11221
  • 1991 WL 91604

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that courts may exercise their 7 discretion to request counsel only under “exceptional circumstances”
  • holding that \exceptional circumstances\ must exist to appoint counsel in a civil case; court should look to likelihood of success on the merits and complexity of issues
  • holding that \exceptional circumstances\ must exist to appoint counsel in a civil case and that court should look to complexity of issues and likelihood of success on the merits
  • holding Rule 56(f) does not require additional discovery unless the party opposing summary judgment shows the existence of additional essential and discoverable evidence
  • holding that “respondeat 3 superior is inapplicable to Bivens actions[]”
  • noting that because plaintiff 13 “demonstrated sufficient writing ability and legal knowledge to articulate his claim[,]” the claims 14 were not too complex for a pro se litigant

Source: CourtListener parenthetical corpus (CC0).

Judges: Koelsch, Choy, Beezer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.