Melvin Parker, III v. Jeff Lynch, et al.

Summary

The United States District Court for the Eastern District of California denied Melvin Parker III’s motion for appointment of new counsel in his 42 U.S.C. § 1983 action. The court held that the excessive-force claims proceeding to trial were not sufficiently complex and that plaintiff’s asserted imprisonment, limited law-library access, and unsupported mental-health concerns did not establish exceptional circumstances. The court also noted that previously appointed counsel had withdrawn and that discovery was closed.

Holdings

1. A district court may request an attorney to voluntarily represent an indigent prisoner in a section 1983 case only when exceptional circumstances exist, evaluated by considering the plaintiff's likelihood of success on the merits and ability to articulate the claims pro se in light of the complexity of the legal issues; plaintiff bears the burden of demonstrating those circumstances.

Questions Presented

1. Whether plaintiff demonstrated exceptional circumstances warranting a request for voluntary appointment of counsel in his section 1983 action.
2. Whether the alleged complexity of the excessive-force claims, need for research and investigation, mental-health issues, limited law-library access, and prior counsel's withdrawal established exceptional circumstances.

Disposition

other