Donald Sylvas v. Jeremy Wiley et al.

Summary

The court denies Donald Sylvas’s motion to appoint counsel in his 42 U.S.C. § 1983 action and to add a defendant. Applying the exceptional-circumstances standard, the court concludes that the factual and legal issues are not sufficiently complex and that Sylvas has demonstrated an ability to present his claims.

Holdings

1. Appointment of counsel is not a right in a § 1983 action and is warranted only when exceptional circumstances are present. Sylvas did not demonstrate exceptional circumstances.

Questions Presented

1. Whether exceptional circumstances warranted appointment of counsel for an indigent plaintiff proceeding under 42 U.S.C. § 1983.
2. Whether Sylvas's alleged inability to secure private counsel, incarceration, and asserted complexity of the case justified appointment of counsel.

Disposition

other