Alberto Scalant v. S. Fratianni

Summary

The United States District Court for the Northern District of California denied without prejudice Alberto Scalant’s motion to appoint counsel in his 42 U.S.C. § 1983 action concerning allegedly inadequate medical care at a county jail. The court concluded that exceptional circumstances did not warrant appointment of counsel at that stage and directed the defendant to file a dispositive motion or indicate that none would be filed by January 20, 2026.

Holdings

1. A district court may request counsel for an indigent civil litigant only when exceptional circumstances exist, considering the likelihood of success on the merits and the plaintiff's ability to articulate claims pro se in light of the complexity of the legal issues. Plaintiff's confinement, asserted difficulty prosecuting the action, and asserted complexity did not establish exceptional circumstances at this stage.

Questions Presented

1. Whether Plaintiff demonstrated exceptional circumstances warranting appointment of counsel in his civil-rights action.

Disposition

other