· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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