Johnny Esquivel v. Kenneth Williams, et al.

Summary

The United States District Court for the District of Nevada denied Johnny Esquivel’s motion for appointment of counsel in his § 1983 action alleging Eighth Amendment deliberate indifference to a medical condition. The court concluded that Esquivel had not shown exceptional circumstances, a likelihood of success on the merits, or sufficient factual or legal complexity to warrant appointed counsel.

Holdings

1. A federal court may request counsel for an indigent civil litigant only in extraordinary or exceptional circumstances; the court must evaluate the plaintiff's likelihood of success on the merits together with the plaintiff's ability to articulate claims in light of the complexity of the legal issues.
2. A litigant in a civil-rights action has no Sixth Amendment right to appointed counsel.

Questions Presented

1. Whether exceptional circumstances warranted appointment of counsel for a pro se prisoner litigating a civil-rights action.
2. Whether Plaintiff's medical limitations, discovery difficulties, claim complexity, and likelihood of success justified appointment of counsel.

Disposition

other