United States Court of Appeals for the Eighth Circuit
773 F.2d 191 (8th Cir. 1985)
Margie Hollins and other individuals (plaintiffs) were housing commissioners for the City of Wellston (City) (defendant). When Robert Powell (defendant) became the City mayor, he appointed his own housing commissioners. The plaintiffs nevertheless attempted to conduct a housing meeting, and Powell had them arrested. The plaintiffs brought suit against the City and Powell, claiming that their constitutional rights had been violated. The plaintiffs attempted to depose the City’s attorney, but the City filed a motion to quash the deposition. The district court granted the plaintiffs’ motion to compel the deposition, finding that the City was waiving the attorney-client privilege because it planned to use advice of counsel as a defense. At trial, the plaintiffs called Powell as a witness. During direct examination, Powell testified about his conversations with the City’s attorney and his own attorney. The City did not object to the plaintiffs’ questions. The plaintiffs then called the City’s attorney to testify. The defendants objected to the attorney’s testimony, but their objection was overruled. The jury found in favor of the plaintiffs. The defendants appealed.
Rule of Law
Holding and Reasoning (Gibson, J.)
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