Aranda v. McCormac et al

Filing 192

ORDER Directing Clerk of Court to Assist in Locating Volunteer Counsel by Judge William J. Martinez on 4/13/2011. (erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 08-cv-00487-WJM-KMT
DERRICK L. ARANDA,
Plaintiff,
v.
L.T. McCORMAC,
L.T. STRODE,
SGT. P. ANDERSON, and
LENORD VIGIL,
Defendants.

ORDER DIRECTING CLERK OF COURT TO
ASSIST IN LOCATING VOLUNTEER COUNSEL

This matter comes before the Court sua sponte. The record reflects that Plaintiff
is proceeding in this case pro se, that his Eighth Amendment claims against Defendants
Leonard Vigil, L.T. McCormac, and L.T. Strode for monetary relief in their individual
capacities have survived summary judgment (ECF No. 172), and that this case is
currently set for a 4-day jury trial to commence on August 8, 2011 (ECF No. 178).
The Court notes that on four previous occasions Plaintiff has requested
appointment of counsel, all of which requests were denied (ECF Nos. 43, 55, 153, 188).
In this context, the Court has broad discretion to direct the Clerk of Court to attempt to
obtain volunteer counsel for a plaintiff in a civil case. See DiCesare v. Stuart, 12F.3d
973, 979 (10th Cir. 1993). The following factors are considered by the Court when
determining this issue in a case of this type: (1) the merits of the litigant’s claims, (2)

the nature of the factual issues raised in the claims, (3) the litigant’s ability to present his
claims, and (4) the complexity of legal issues raised by the claims. See Rucks v.
Boergermann, 57 F.3d 978, 979 (10th Cir. 1995).
The Court reaffirms its prior decisions to deny appointment of counsel as correct
and appropriate given the early stages of the case in which they were entered. At this
point in the proceedings, however, Plaintiff has partially survived summary judgment,
and is now facing the prospect of conducting a jury trial before the Court without legal
assistance. The Court finds that this situation presents substantially changed
circumstances for Plaintiff given his very limited ability to try a case before a jury in
federal court, as well as the extraordinary difficulty he faces as a layperson in dealing
with the complex legal and factual issue which will arise at a jury trial, not the least of
which being conducting adequate voir dire of potential jurors, properly examining
friendly and hostile witnesses, adequately responding to a motion under Fed.R.Civ.P.
50, and drafting and objecting to jury instructions. The Court further finds that under the
factors set forth in Rucks, 57 F.3d at 979, justice requires that it exercise its discretion in
favor of assisting Plaintiff in his efforts to locate volunteer counsel to represent him in
this case.
Accordingly, the Court DIRECTS the Clerk of the Court, Attorney and Legal
Services, to, as soon as practicable, make a good faith effort to locate volunteer private
counsel to represent Plaintiff for the remainder of these proceedings.
It is SO ordered

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Dated this 13th day of April, 2011.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

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