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Home / Opinion Digests / Civil Rights / Civil Rights – Constitutional – Right to Counsel – Municipal Courts (access required)

Civil Rights – Constitutional – Right to Counsel – Municipal Courts (access required)

Where plaintiffs allege that defendants’ municipal courts incarcerated the unrepresented indigent plaintiffs, plaintiffs have stated claims under 42 U.S.C. § 1983 for violation of the Sixth Amendment and the Equal Protection Clause. The court denies defendants’ motion to dismiss. Municipal Duty Reed v. Town of Lexington, 902 F.2d 1566 (4th Cir. 1990) (unpublished), which held that South Carolina ...

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