Robert House v. Co Rouse, et al.

Summary

The court denied without prejudice Robert House’s motion for appointment of counsel in his 42 U.S.C. § 1983 action alleging Eighth Amendment violations involving excessive force, denial of medical treatment, and denial of meals. Applying the factors governing appointment of counsel under 28 U.S.C. § 1915(e)(1) and Third Circuit precedent, the court concluded that the case was not sufficiently complex and that special circumstances had not been shown. The court stated that it may reconsider appointment of counsel if the case survives dispositive motions and proceeds toward trial.

Holdings

1. Appointment of counsel was not warranted at that time because, assuming the claims had arguable merit, the relevant factors did not establish special circumstances requiring counsel.

Questions Presented

1. Whether the court should request appointment of counsel for an indigent pro se prisoner under 28 U.S.C. § 1915(e)(1).

Disposition

other