Andre A. Shantay-Samo-Ne Edwards v. Kaur, Lloyd, and Brandon Price

Summary

The court grants Plaintiff’s motion for appointment of counsel in a prisoner civil-rights action alleging unconstitutional strip and cavity searches. The case is referred to the court’s pro bono program and stayed for 45 days while counsel is sought; consideration of another pending motion is deferred.

Holdings

1. Exceptional circumstances warranted appointment of counsel because Plaintiff's limited education, inability to understand federal litigation, difficulty presenting her arguments, and the complexity of the case created a concern that the case could not be decided solely on its merits without counsel.
2. The case was properly stayed for forty-five days while the court's pro bono program made the usual efforts to obtain counsel; if counsel was not obtained by the end of the period, the stay would be lifted and Plaintiff would continue pro se.

Questions Presented

1. Whether exceptional circumstances warranted appointing counsel for the pro se prisoner in this civil-rights action.
2. Whether the case should be stayed while the court's pro bono program attempted to obtain counsel.

Disposition

other