Daron James Plummer v. Sheriff Gary Grimes Captain Jim Rush Charles Brunk, Jail Adm'r Bob Carmack, Shift Supervisor, 87 F.3d 1032 (8th Cir. 1996). · Go Syfert
Daron James Plummer v. Sheriff Gary Grimes Captain Jim Rush Charles Brunk, Jail Adm'r Bob Carmack, Shift Supervisor, 87 F.3d 1032 (8th Cir. 1996). Cases Citing This Book View Copy Cite
44 citation events (40 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Johnson v. MCF - St. Cloud
D. Minnesota · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a district court is to decide whether the plaintiff and the court will substantially benefit from the appointment of counsel.
discussed Cited as authority (verbatim quote) Markham v. Tolbert
D. Minnesota · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a district court is to decide whether the plaintiff and the court will substantially benefit from the appointment of counsel.
discussed Cited as authority (verbatim quote) Aery v. Lewis
D. Minnesota · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a district court is to decide whether the plaintiff and the court will substantially benefit from the appointment of counsel.
cited Cited as authority (rule) Michael Heard, individually and as next friend to H.H., a minor, et al. v. Faulkner County, et al.
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Lana McCarty v. Department of Human Services
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Sherita Smith v. UAMS Hospital
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Clark v. Nestle USA Inc
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Westman v. Felts
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Nance v. Felts
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Williams v. Felts
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Vega v. Felts
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Ackward v. Felts
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Clenney v. Felts
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Quick v. Felts
E.D. Ark. · 2025 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Allen v. Corinth Coca-Cola Jonesboro
E.D. Ark. · 2024 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) McCastle v. Rreaf Residential River Pointe Apt
E.D. Ark. · 2023 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996). 5.
cited Cited as authority (rule) Hamilton v. Davis
E.D. Ark. · 2023 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996). 2.
discussed Cited as authority (rule) Webb v. McClung
E.D. Ark. · 2023 · confidence medium
A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action, but the Court may appoint counsel at its discretion. 29 U.S.C. § 1915 (e)(1); Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Webb v. McClung
E.D. Ark. · 2023 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Johnson v. Washington
E.D. Ark. · 2023 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Webb v. McClung
E.D. Ark. · 2022 · confidence medium
Plummer v Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Jones v. Jackson
E.D. Ark. · 2022 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996). 2.
discussed Cited as authority (rule) Thomas-Weisner v. Gipson
S.D. Cal. · 2022 · confidence medium
Cal. Jan. 2011) (citing Plummer v. Grimes, 87 F.3d 1032, 1033 (8th 11 Cir.1996) (finding the district court did not abuse its discretion in denying plaintiff counsel, 12 in part because plaintiff adequately filed a complaint and other pretrial materials)). 13 The circumstances cited by Plaintiff are typical of almost every pro se prisoner civil 14 rights plaintiff and alone are insufficient to demonstrate the “exceptional circumstance” 15 required to justify appointment of counsel.
cited Cited as authority (rule) Hastings v. Wilbur
E.D. Ark. · 2022 · confidence medium
Doc. 386 & 387; Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Dasari v. Greene County Jail Detention Center
E.D. Ark. · 2021 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Everett v. Richard
E.D. Ark. · 2021 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996). 2.
cited Cited as authority (rule) Hastings v. Wilbur
E.D. Ark. · 2020 · confidence medium
Doc. 15, 41 & 47, Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Schuler v. Hutchinson
E.D. Ark. · 2020 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Mack v. Dover
E.D. Ark. · 2020 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
discussed Cited as authority (rule) Steffy v. Fort Smith, City of
W.D. Ark. · 2019 · confidence medium
As Plaintiff was previously advised, (ECF No. 11), the Court may appoint counsel for a party proceeding in forma pauperis if, after considering “the factual and legal complexity of the case, the plaintiff’s ability to investigate the facts, the existence of conflicting testimony, and the ability of the plaintiff to present his claim,” the Court determines that the plaintiff and the Court “will substantially benefit” from the appointment, Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996), and importantly, if an attorney agrees to the Court’s request that the attorney be appointe…
cited Cited as authority (rule) Shelton v. Pine Bluff/Jefferson County Library
E.D. Ark. · 2019 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Reyes v. Does
E.D. Ark. · 2019 · confidence medium
Ne 6 & Ne 24; Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited as authority (rule) Turner v. West Memphis Arkansas, City of
E.D. Ark. · 2019 · confidence medium
Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
discussed Cited as authority (rule) Harris v. Maplewood Police Department
D. Minnesota · 2018 · confidence medium
In addition, in deciding a motion for counsel in a civil matter, the Court must consider “whether the plaintiff and the court will substantially benefit from the appointment of counsel, considering the factual and legal complexity of the case, the plaintiff's ability to investigate the facts, the existence of conflicting testimony, and the ability of the plaintiff to present his claim.” Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
discussed Cited as authority (rule) Dennis Maggese v. John Stoia
8th Cir. · 2013 · confidence medium
We also conclude that there was no abuse of discretion in denying Maggese’s motions for counsel, see Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir.1996) (standard of review), or in denying his motion for reconsideration, see Christensen v. Qwest Pension Plan, 462 F.3d 913, 920 (8th Cir.2006) (standard of review for Fed.R.Civ.P. 59(e) motion); Arnold v. Wood, 238 F.3d 992, 998 (8th Cir.2001) (standard of review for Fed.
discussed Cited as authority (rule) William Fry v. Parcelite Solutions
8th Cir. · 2013 · confidence medium
Hosp., 403 F.3d 972, 980 (8th Cir.2005) (employer does not interfere with FMLA rights merely by terminating employee for legitimate reason, such as harassment of another employee); and the district court did not abuse its discretion by denying Fry’s motions for counsel, see Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir.1996) (standard of review).
cited Cited as authority (rule) Jason Johnson v. Donna Cook
8th Cir. · 2012 · confidence medium
Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir.2006) (standard of review); or the motion for appointment of counsel, see Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir.1996) (standard of review).
discussed Cited as authority (rule) Tyrone Woodard v. Calvin Sewell
8th Cir. · 1999 · confidence medium
Additionally, we do not believe the district court abused its discretion in declining to appoint new counsel, see Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996) (standard of review), or improperly denied Woodard's motion to revoke his waiver of a jury trial, see Sewell v. Jefferson County Fiscal Court, 863 F.2d 461, 465-66 (6th Cir. 1988) (ordinarily, party who withdraws jury demand may not change his mind), cert. denied, 493 U.S. 820 (1989).
discussed Cited "see" Leon v. Celaya
S.D. Cal. · 2021 · signal: see · confidence high
See 10 Thornton v. Schwarzenegger, No. 10CV01583-BTM-RBB, 2011 WL 90320 , at *6 (S.D. 11 Cal. Jan. 2011) (citing Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir.1996) (finding the 12 district court did not abuse its discretion in denying plaintiff counsel, in part because 13 plaintiff adequately filed a complaint and other pretrial materials)). 14 Plaintiff further asserts that his imprisonment will “greatly limit his ability to 15 litigate” and that he should be appointed counsel due to having “limited to no access to the 16 law library and limited knowledge of the law.” (ECF Nos. 9 at…
cited Cited "see" Matthew Jewell v. Miller County
8th Cir. · 2012 · signal: see · confidence high
See Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir.1996) (standard of review).
discussed Cited "see" Keith Washington v. Mark Uner
8th Cir. · 2008 · signal: see · confidence high
See Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir.1996) (standard of review; factors court is to consider include, inter alia, whether plaintiff and court will benefit from appointment of counsel, legal and factual complexity of case, and plaintiffs ability to investigate and present his claim).
cited Cited "see" Kevin L. Gaten v. Richard E. Hudson
8th Cir. · 1998 · signal: see · confidence high
See Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
cited Cited "see" Gaten v. Hudson
8th Cir. · 1998 · signal: see · confidence high
See Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir.1996).
discussed Cited "see, e.g." RPM Investments, Inc. v. Resolution Trust Corp.
11th Cir. · 1996 · signal: see, e.g. · confidence low
See, e.g., Tillman v. Resolution Trust Corp., 87 F.3d 1032 (4th Cir.1994); Carney v. Resolution Trust Corp., 19 F.3d 950 (5th Cir.1994); Telematics Int'l Inc. v. NEMLC Leasing Corp., 967 F.2d 703 (1st Cir.1992); Rosa v. Resolution Trust Corp., 938 F.2d 383, 397-400 (3d Cir. 1991), cert. denied, 502 U.S. 981 , 112 S.Ct. 582 , 116 L.Ed.2d 608 (1991).
Retrieving the full opinion text from the archive…
Daron James PLUMMER, Appellant,
v.
Sheriff Gary GRIMES; Captain Jim Rush; Charles Brunk, Jail Administrator; Bob Carmack, Shift Supervisor, Appellees
95-1436WA.
Court of Appeals for the Eighth Circuit.
Jul 8, 1996.
87 F.3d 1032
J. Randall McGinnis, Fort Smith, AR, for appellant., Robert A. Russell, Jr., Little Rock, AR, for appellee.
Arnold, Gibson, Kornmann.
Cited by 44 opinions  |  Published
RICHARD S. ARNOLD, Chief Judge.

Daron James Plummer appeals following a jury verdict partially in his favor in his 42 U.S.C. § 1983 suit. Plummer argues that the District Court [1] abused its discretion when it denied his motion for appointment of counsel, and instead appointed counsel only for the purpose of assisting him on the day of trial. We affirm.

In original and amended complaints, Plummer alleged that, while he was incarcerated at the Sebastian County Jail, defendants failed to protect him from a fellow inmate and denied him medical care after a fight with this inmate; Plummer allegedly contracted hepatitis as a result. Plummer moved for appointment of counsel. The District Court denied this motion, concluding that Plummer had adequately prepared his complaints and other pleadings, that the facts and legal issues involved in the case were not complex, and that Plummer could adequately relate to a jury what occurred and how he believed defendants violated his civil rights. The Court did, however, appoint counsel “to assist [Plummer] through the legal process on the day of trial.”

Prior to trial, Plummer served discovery requests and moved to compel responses; requested subpoenas for witnesses and subpoenas duces tecum; and submitted two pretrial information sheets. At trial, Plummer conducted voir dire, gave his opening statement, and examined witnesses during his ease-in-chief. Shortly after the lunch recess on the first day of trial, appointed counsel took over and finished the presentation of Plummer’s case-in-chief, and cross-examined defense witnesses. Appointed counsel gave Plummer’s closing argument. One defendant was granted judgment as a matter of law, the jury returned a verdict in favor of Plummer and against one defendant on two of Plummer’s three claims, and the jury otherwise found for defendants. Plummer was awarded $125 in compensatory damages on each of his two successful claims. He appeals.

We review a district court’s decision as to whether to appoint counsel for abuse of discretion. See Swope v. Cameron, 73 F.3d 850, 851-52 (8th Cir.1996). A district court is to decide whether the plaintiff and the court will substantially benefit from the appointment of counsel, considering the factual and legal complexity of the case, the plaintiffs ability to investigate the facts, the existence of conflicting testimony, and the ability of the plaintiff to present his claim. See id. at 852; In re Lane, 801 F.2d 1040, 1043-44 (8th Cir.1986); Nelson v. Redfield Lithograph Printing, 728 F.2d 1003, 1005 (8th Cir.1984).

The District Court did not abuse its discretion in this case. The case was not factually or legally complex. Plummer was able adequately to prepare his pleadings and conduct discovery before trial, and ably presented his claim to the jury. Plummer was further aided by appointed counsel’s presentation of much of his case at trial. There was little conflicting testimony. These factors distinguish Plummer’s case from those cases in which this court has held that the failure to appoint counsel was an abuse of discretion. Cf, e.g., Rayes v. Johnson, 969 F.2d 700, 703-04 (8th Cir.), cert. denied, 506 U.S. 1021, 113 S.Ct. 658, 121 L.Ed.2d 584 (1992); Abdullah v. Gxinter, 949 F.2d 1032, 1036 (8th Cir.1991), cert. denied, 504 U.S. 930, 112 S.Ct. 1995, 118 L.Ed.2d 591 (1992); Johnson v. Williams, 788 F.2d 1319, 1323 (8th Cir.1986); Wiggins v. Sargent, 753 F.2d 663, 668 (8th Cir.1985).

Accordingly, the judgment is affirmed. We appreciate the diligent service of counsel appointed for Plummer on this appeal.

1

. The Honorable Beverly R. Stites, United States Magistrate Judge for the Western District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).