Kehoe v. International Ass'n of Theatrical Stage Employees Local 21, 682 F. App'x 161

Kehoe, a former member of IATSE Local 21, sued the union, several union officials, the union’s attorney, and others in federal court alleging violations under the LMRDA and other statutes based on disciplinary incidents while he was a member.
He filed pro se with an IFP motion; the District Court granted IFP, denied appointment of counsel initially, dismissed some claims and allowed him to amend.
Kehoe amended to assert 25 claims (primarily LMRDA claims) arising from two disciplinary incidents.
A magistrate appointed counsel only for settlement; settlement failed and defendants moved for summary judgment.
On May 20, 2016 the District Court granted summary judgment for defendants, dismissing Kehoe’s remaining claims with prejudice; Kehoe appealed pro se.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was proper on Kehoe’s LMRDA claims	Kehoe contended union procedures and discipline violated his LMRDA rights (speech and disciplinary protections)	Defendants argued the record lacked evidence of LMRDA violations and no reasonable jury could find for Kehoe	Summary judgment affirmed; no genuine dispute of material fact supporting LMRDA claims
Whether Kehoe was denied due process by resolution on summary judgment	Kehoe argued summary judgment procedure deprived him of due process	Defendants maintained the District Court followed proper procedure and evaluated evidence under Rule 56	Court rejected due-process challenge and found no violation
Whether denial/limited appointment of counsel was erroneous	Kehoe argued the court erred in finding him capable of self-representation and should have appointed counsel	Defendants argued appointment of counsel is discretionary and the court acted within its discretion; magistrate limited appointment to settlement	Court found no abuse of discretion in denying initial appointment and lacked jurisdiction to review magistrate’s limited appointment order reviewable only if first presented to district judge
Whether issues not raised on appeal (e.g., §1983, LMRA claims) were preserved	Kehoe raised other statutory claims below	Defendants noted Kehoe did not challenge earlier rulings on those claims on appeal	Court deemed those issues waived for purposes of this appeal

Lomando v. United States, 667 F.3d 363 (3d Cir. 2011) (summary-judgment standard review)
Barefoot Architect, Inc. v. Bunge, 632 F.3d 822 (3d Cir. 2011) (nonmovant evidence and inferences at summary judgment)
Morris v. Hoffa, 361 F.3d 177 (3d Cir. 2004) (LMRDA purpose and deference to union internal affairs)
Martire v. Laborers’ Local Union 1058, 410 F.2d 32 (3d Cir. 1969) (relief under LMRDA requires showing union constitution application deprived secured rights)
Navarro v. Gannon, 385 F.2d 512 (2d Cir. 1967) (LMRDA standing for relief tied to union constitution application)
Laborers’ Int’l Union v. Foster Wheeler Corp., 26 F.3d 375 (3d Cir. 1994) (issues not raised on appeal deemed waived)
Powell v. Symons, 680 F.3d 301 (3d Cir. 2012) (standard of review for denial of appointment of counsel)
Parkell v. Danberg, 833 F.3d 313 (3d Cir. 2016) (appointment of counsel for indigent civil litigant requires special circumstances)
Pacitti v. Macy’s, 193 F.3d 766 (3d Cir. 1999) (jurisdiction to review certain interlocutory orders)
Siers v. Morrash, 700 F.2d 113 (3d Cir. 1983) (lack of jurisdiction to review magistrate orders not first presented to district judge)