Public-domain · open source
OpenJurist

448 F.2d 16

Docket No. 71-1964.

McDaniel v. Polk

Fifth Circuit Court of Appeals

Decided Sept. 1, 1971.

Fifth Circuit Court of Appeals · decided 1971-09-01

Cited by 1 later decisions — most recently September 1971

1 federal appellate ·

3 counsel of record

Relies on United Gas Improvement Co. v. Continental Oil Co. · Kimbrough v. Beto · Virgil Norton, Virgil Wesley and James Chapman v. James P. McShane

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-09-01

View the full empirical analysis of this case →

¶1Grover C. McDaniel, pro se.

¶2Ed Polk, pro se.

¶3Kenneth L. King, Eldon L. Young-blood, Dallas, Tex., for defendants-appel-lees.

¶4Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

¶5PER CURIAM:

¶6This appeal is taken from the district court’s grant of the defendants’ motion for summary judgment dismissing Grover C. McDaniel’s civil rights action for damages. We affirm.1

¶7When the appellant was an inmate of the Dallas County Jail, he requested the Dallas Legal Services Project to represent him in connection with actions for royalties and damages which he desired to file. As shown by an affidavit of the defendants filed in support of their motion to dismiss, the Dallas Legal Services Project refused to take the case because it would be “fee generating”, and thus violative of its established policy. This policy is imposed by the Office of Economic Opportunity of the United States, which provides funds for the project.

¶8Appellant has contended that the defendants refused to represent him merely because he was in jail. This allegation is fully refuted by appellees’ affidavit. The district court did not err in dismissing McDaniel’s complaint, since it obviously has no merit. See Norton v. McShane, 5th Cir.1964, 332 F.2d 855, cert. denied 380 U.S. 981, 85 S.Ct. 1345, 14 L.Ed.2d 274; Brown v. Dunne, 7th Cir.1969, 409 F.2d 341.

¶9Affirmed.

/448/f2d/16 · .json · Public domain