Benjamin Justin Brownlee v. J. Burnes, et al.

Summary

The United States District Court for the Eastern District of California denied Benjamin Justin Brownlee's motion for appointment of counsel in his prisoner civil rights action. The court held that indigence, incarceration, litigation difficulties, alleged disabilities, and the asserted complexity of the case did not establish the exceptional circumstances required for discretionary appointment of counsel under 28 U.S.C. § 1915(e)(1). The court also concluded that the Americans with Disabilities Act did not mandate appointment of counsel in the federal action.

Holdings

1. A court may appoint counsel for an indigent civil litigant under 28 U.S.C. § 1915(e)(1), but appointment is warranted only upon a showing of exceptional circumstances. Plaintiff did not meet that burden.
2. The Americans with Disabilities Act does not require appointment of counsel in this federal action.

Questions Presented

1. Whether Plaintiff demonstrated exceptional circumstances warranting discretionary appointment of counsel in his prisoner civil-rights action.
2. Whether Plaintiff's disabilities, incarceration, limited law-library access, inability to obtain counsel, anticipated discovery and trial difficulties, and alleged case complexity required appointment of counsel.
3. Whether the Americans with Disabilities Act required the federal court to appoint counsel for Plaintiff.

Disposition

other