#### Jackey Don WATSON, Appellant, v. Thomas MOSS and John C. Clobes, Individually, Third District Police Station, Appellees.

No. 79-1725.

United States Court of Appeals, Eighth Circuit.

Submitted April 18, 1980.

Decided April 24, 1980.

William J. Dye, Jr., Wunderlich, Dye & Brown, St. Louis, Mo., for appellant.

John J. FitzGibbon, Associate City Counselor, St. Louis, Mo., for appellees.

Before STEPHENSON, Circuit Judge, KUNZIG,* Court of Claims Judge, and McMILLIAN, Circuit Judge.

*

 The Honorable Robert L. Kunzig, Judge, United States Court of Claims, sitting by designation.

PER CURIAM.

Plaintiff-appellant Watson brought this action under 42 U.S.C. § 1983, alleging defendant police officers assaulted and beat him without provocation in the course of their duties investigating a burglary, and after an exchange of gun-fire. The district court1 appointed counsel, and a jury trial resulted in a verdict for the defendants. On appeal, Watson alleges his appointed counsel failed to provide him effective assistance of counsel, and seeks a new trial. We affirm the judgment of the district court.

*776In this case an application to proceed in forma pauperis was granted and counsel was provided for Watson pursuant to 28 .U.S.C. § 1915(d), which permits the court in a civil case to “request an attorney to represent any such person [who is] unable to employ counsel.”

Watson’s argument is basically as follows. In criminal cases involving appointed counsel, the Sixth Amendment requires a defendant to have effective assistance of counsel, which is defined as “that degree of performance which conforms to the care and skill of a reasonably competent lawyer rendering similar services under the existing circumstances.” *Reynolds v. Mabry,*574 F.2d 978, 979 (8th Cir. 1978). Watson contends this should be extended to civil cases instituted under 42 U.S.C. § 1983 alleging violations of Fourteenth Amendment rights. Watson contends that if inadequacy of counsel is then demonstrated, plaintiff should be entitled to a new trial. We disagree.

Initially, there is a substantial difference between the constitutional rights of an accused in a criminal proceeding, and those of a plaintiff in a civil action. The stringent standards of appointment and effective assistance of counsel mandated by the Sixth Amendment and Fed.R.Crim.P. 44 do not apply to civil proceedings. *See United States v. Rogers,*534 F.2d 1134 (5th Cir.), *cert. denied,*429 U.S. 940, 97 S.Ct. 355, 50 L.Ed.2d 309 (1976); *Reid v. Charney,*235 F.2d 47 (6th Cir. 1956); *Rhodes v. Houston,*258 F.Supp. 546 (D.Neb.1966), *aff’d,*418 F.2d 1309 (8th Cir. 1969), *cert. denied,*397 U.S. 1049, 90 S.Ct. 1382, 25 L.Ed.2d 662 (1970). There is no constitutional or statutory right for an indigent to have counsel appointed in a civil case. *Peterson v. Nadler,*452 F.2d 754, 757 (8th Cir. 1971). It of course follows there is no constitutional or statutory right to effective assistance of counsel in a civil case.

A second reason for denying Watson’s claim is the desire to treat plaintiffs with court-appointed counsel and plaintiffs with privately obtained counsel equally. The Supreme Court has stated court-appointed and private counsel in criminal cases have the same duties, burdens, and responsibilities. *Ferri v. Ackerman,*444 U.S. 193, 200, 100 S. Ct. 402, 407, 62 L.Ed.2d 355 (1979). A party with privately retained counsel does not have any right to a new trial in a civil suit because of inadequate counsel, but has as its remedy a suit against the attorney for malpractice. Appointed counsel are not immune from a suit for malpractice, *see Ferri v. Ackerman, supra,*100 S.Ct. at 409, so Watson’s remedies are the same as any other civil rights plaintiff.

Because we conclude there is no right to a new trial for alleged ineffective assistance of counsel appointed in a civil case pursuant to 28 U.S.C. § 1915(d), we do not express an opinion as to the adequacy of Watson’s counsel in the instant case.

Affirmed.

1

. The Honorable Edward L. Filippine, United States District Judge for the Eastern District of Missouri.