Hadassah Feinberg, et al. v. Dauphin County Children and Youth, et al.

Summary

The United States District Court for the Middle District of Pennsylvania denied without prejudice Hadassah Feinberg’s request for appointment of counsel for her minor children and other remaining plaintiffs. The court held that appointment was premature because it had not yet determined whether the claims had arguable merit, particularly in light of pending motions to dismiss. The court also addressed unusual circumstances involving conflicts between the plaintiffs and their attorneys.

Holdings

1. A district court has discretion to request counsel for an indigent civil litigant under 28 U.S.C. § 1915(e)(1), and the request must be evaluated case by case using the applicable merits and litigation-factor analysis.
2. Appointment of counsel was premature and was denied without prejudice because the court had not yet determined whether the plaintiffs' claims had arguable merit and was considering pending motions to dismiss.

Questions Presented

1. Whether the court should appoint counsel to represent the minor children and remaining plaintiffs under 28 U.S.C. § 1915(e)(1).
2. Whether appointment of counsel was appropriate before the court determined whether the plaintiffs' claims had arguable merit.

Disposition

other