Sara Roe, et al. v. Penns Grove-Carney’s Point Regional School District, et al.

Summary

The United States District Court for the District of New Jersey grants pro se Defendant Jackie Doe’s motion for appointment of pro bono counsel under 28 U.S.C. § 1915(e)(1). Applying the Tabron factors, the court finds that Doe’s limited English proficiency, the complexity of claims including a novel Violence Against Women Act provision, anticipated discovery, credibility issues, potential expert testimony, and financial circumstances support appointment. The court directs the Clerk to select an attorney from the Civil Pro Bono Panel but cautions that acceptance by counsel is not guaranteed.

Holdings

1. Jackie Doe satisfied the threshold requirement because her denials and assertion that she was at work and had entrusted her child to school supervision could potentially provide a complete defense to the claims against her.
2. Appointment of pro bono counsel was warranted because five of the six applicable Tabron factors weighed heavily in favor of appointment and the sixth weighed slightly in favor.

Questions Presented

1. Whether Jackie Doe’s asserted defense had sufficient arguable merit in fact and law to satisfy the threshold requirement for appointment of counsel.
2. Whether the Tabron factors supported appointment of pro bono counsel for an indigent, pro se defendant.

Disposition

other