Dewayne Scott Cunningham v. Dr. Esbert

Summary

The United States District Court for the Middle District of Alabama denied Plaintiff Dewayne Scott Cunningham’s motion to appoint counsel in his 42 U.S.C. § 1983 action. The court concluded that the issues were not novel or unduly complex and that Plaintiff had not shown exceptional circumstances warranting appointed counsel at that time.

Holdings

1. A plaintiff in a civil case has no constitutional right to appointed counsel.
2. Appointment of counsel in a civil case is an exceptional remedy generally justified only when exceptional circumstances exist, such as when the facts or legal issues are so novel or complex that the assistance of a trained practitioner is required.
3. Appointment of counsel was not warranted at that time because the issues were not novel or unduly complex, Cunningham was able to articulate his claims, and he had not demonstrated exceptional circumstances.

Questions Presented

1. Whether the court should appoint counsel for the plaintiff in this civil § 1983 action.

Disposition

other