Andre Maurice Carstarphen, Jr. v. Quedarius Brown, et al.

Summary

The United States District Court for the Southern District of Alabama appointed counsel for incarcerated plaintiff Andre Maurice Carstarphen, Jr. in his 42 U.S.C. § 1983 action. The court found exceptional circumstances based on Carstarphen’s indigence, incarceration, anticipated conflicting testimony, and the need for assistance with discovery, while explaining the limits and potential reimbursement of appointed counsel’s compensation.

Holdings

1. Exceptional circumstances existed warranting appointment of counsel because Carstarphen was indigent and incarcerated, the case would substantially depend on conflicting testimony requiring skill in evidentiary presentation and cross-examination, and counsel would assist with efficient discovery.
2. N. Stewart Hanley was appointed as counsel for Carstarphen through entry of final judgment, but the court would not pay appointed counsel's attorney fees directly; reimbursement or compensation could be sought under applicable statutes, settlement terms, and the Southern District of Alabama's Special Attorney Admissions Fund procedures.

Questions Presented

1. Whether exceptional circumstances warranted appointment of counsel for an indigent incarcerated plaintiff in a § 1983 action.
2. Whether N. Stewart Hanley should be appointed to represent Carstarphen through entry of final judgment.

Disposition

other