Mills v. Schiavoni

Summary

The United States District Court for the Middle District of Pennsylvania denied Derek Lee Mills’s renewed request for appointment of counsel without prejudice. The court held that, although his Eighth Amendment sexual-assault claim could have arguable merit, the discovery disputes and deposition did not establish a need for appointed counsel at that stage of the litigation.

Holdings

1. Mills was not entitled to appointed counsel at that stage because, even assuming arguendo that his Eighth Amendment claim had arguable merit, he had not demonstrated circumstances showing a need for counsel.

Questions Presented

1. Whether the court should appoint counsel for an indigent pro se prisoner in a civil rights action to assist with discovery and a deposition.
2. Whether the discovery disputes, deposition, and possible future need for credibility determinations or expert testimony constituted circumstances warranting appointment of counsel at that stage.

Disposition

other