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eBook details

• Title: Holbird v. Armstrong-Wright
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 26, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Judy Ellen Holbird appeals from the final judgment entered in the District Court1 for the Western District of Arkansas dismissing her complaint under 28 U.S.C. § 1915(d). For the reasons discussed below, we affirm the judgment of the district court. Holbird, an inmate of the Arkansas Department of Correction, filed a complaint under 42 U.S.C. § 1983, naming Debra Armstrong-Wright, an attorney in private practice in Fort Smith, Arkansas, as defendant. Holbird related that Armstrong-Wright had served as her appointed counsel for about one and one-half years in a federal district court civil rights case. Holbird alleged that Armstrong-Wright's actions had violated her constitutional rights and further, that Armstrong-Wright had retained or otherwise disposed of case documents and records belonging to Holbird. Holbird described a series of actions and inactions by Armstrong-Wright which Holbird characterized as professional misconduct and ""deliberate indifference to the wishes and instructions of client to her counsel"" which continued until Holbird's motion to remove Armstrong-Wright from the case was granted by the district court. Holbird admitted that she received certain records back, but found pages missing and stated her belief that Armstrong-Wright had supplied the missing documents to the prosecuting attorney's office to benefit the defendants in the civil rights case Holbird was prosecuting with Armstrong-Wright as counsel. Holbird requested monetary damages and injunctive relief relating to the production and return of materials.

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