Robinson v. Scott

Summary

The United States District Court for the Eastern District of California denied without prejudice a state prisoner’s motion for appointment of counsel in a 42 U.S.C. § 1983 action. The court held that the Sixth Amendment right to counsel does not apply to civil cases and that the plaintiff had not demonstrated exceptional circumstances warranting a request for voluntary counsel under 28 U.S.C. § 1915(e)(1).

Holdings

1. The Sixth Amendment right to effective assistance of counsel applies to criminal cases and does not entitle a plaintiff in a civil § 1983 action to appointed counsel.
2. District courts lack authority to require counsel to represent indigent prisoners in § 1983 cases, although the court may request voluntary representation in exceptional circumstances.
3. Robinson failed to meet his burden of demonstrating exceptional circumstances warranting appointment or a request for voluntary assistance of counsel.

Questions Presented

1. Whether the Sixth Amendment gives a plaintiff in a civil § 1983 action a right to appointed or effective assistance of counsel.
2. Whether a federal district court may require counsel to represent an indigent prisoner in a § 1983 action.
3. Whether Robinson demonstrated exceptional circumstances warranting the court's request for voluntary assistance of counsel.

Disposition

other