Hollins v. Powell

773 F.2d 191 (8th Cir. 1985)

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Nature of the Case

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Facts

Ps were commissioners on the Land Clearance Authority and Housing Authority (LCRA/HA) for the City of Wellston (City). They were appointed by D's predecessor. Under Missouri law, the mayor of a city has the sole authority to appoint individuals to serve on a commission created by a city council. D was unable to locate Ps' certificate of appointment as required by law. D appointed his own commissioners to the LCRA/HA. Ps started a regularly scheduled meeting of the LCRA/HA. D interrupted the meeting. Ps indicated that they were prepared to show him their letters of appointment. D asked Ps to adjourn the meeting and to refrain from meeting until it was determined that their appointments were legal. Ps refused, reminding D there was a legal procedure for removing commissioners from office. The police arrived, and Ps refused to adjourn the meeting. The police then arrested Ps, under charges of 'unlawful assembly' and 'failure to obey the command of a police officer,' and took them to the police station. Ps were detained for 1-4 hours and were released without charges being made. Ps filed a suit in federal district court under 42 U.S.C. § 1983. Ps sought to depose the City's attorney. The City filed a motion to quash, and the district court granted Ps' motion, noting that it appeared the City and Powell would raise advice of counsel as a defense and held that the attorney-client privilege would be waived under those circumstances. The court gave City a chance to respond on whether advice of counsel would be a defense. The city did not respond. Ps called D as a witness, and he testified about conversations with City’s and his own attorney. The city did not object. Ps called City’s attorney, and D objected. The objection was overruled. Ps got the verdict and D appealed in part on attorney client privilege.