Card v. Coleman et al

Filing 45

RULING granting in part and denying in part; Granting 41 Motion for Leave to File a supplemental Motion for appointment of counsel and Denying to the extent that the plaintiff seeks the appointment of counsel.. Signed by Judge William I. Garfinkel on 10/6/2015. (Payton, R.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ROGER WILLIAM CARD, III,
Plaintiff,
v.

No. 3:14CV830(VAB)(WIG)

DR. COLEMAN, ET AL.,
Defendants.
_____________________________________X

RULING ON PENDING MOTION
The plaintiff has filed a renewed motion seeking leave to file an amended/supplemental
motion for the appointment of pro bono counsel. To the extent that the plaintiff seeks
permission to file an amended/supplemental motion for appointment of counsel, the motion is
granted. The relief requested, however, is denied.
As a preliminary matter, civil litigants, unlike criminal defendants, do not have a
constitutional right to the appointment of counsel. See Hodge v. Police Officers, 802 F.2d 58, 60
(2d Cir. 1986) (district judges are afforded “broad discretion” in determining whether to appoint
pro bono counsel for an indigent litigant in a civil case); 28 U.S.C. § 1915(e)(1) (“The court may
request an attorney to represent any person unable to afford counsel.”) (emphasis added). The
Second Circuit has made clear that before an appointment is even considered in a civil action, the
indigent person must demonstrate that he or she is unable to obtain counsel or legal assistance.
See Hodge, 802 F.2d at 61.
Attached to his motion is a letter from Attorney Sydney T. Schulman. In the letter,
Attorney Schulman informed the plaintiff that the Inmates’ Legal Assistance Program (“ILAP”)

would not exist after June 30, 2015. Thus, attorneys at ILAP would not be able to assist the
plaintiff after that date.
As of July 1, 2015, the Inmates’ Legal Aid Program operated by Bansley | Anthony, LLC
replaced the former ILAP operated by Sydney T. Schulmann Associates. Attorneys at the new
program may be contacted at the following address and telephone number: Inmate Legal Aid
Program, Bansley | Anthony, LLC, 265 Orange Street, New Haven, CT 06510, Tel. [phone].
There is no indication that the plaintiff has made any attempts to contact ILAP with
regard to any questions he might have about litigating this case further. The Court concludes
that the plaintiff has made insufficient efforts to secure legal assistance on his own. The
possibility that the plaintiff may be able to secure legal assistance independently precludes
appointment of counsel by the Court at this time. See Hodge, 802 F.2d at 61.
Conclusion
For the reasons set forth above, the Motion for Leave to File Amended Motion for
Counsel - Supplemental Motion [Doc. No. 41] is GRANTED to the extent that the plaintiff
seeks leave to file a supplemental motion for appointment of counsel and DENIED to the extent
that the plaintiff seeks the appointment of counsel. The plaintiff may file a new motion for
appointment of counsel at a later stage of the litigation, after he has made attempts to seek
assistance from the Inmate Legal Aid Program.
SO ORDERED this 6th day of October, 2015, at Bridgeport, Connecticut.
/s/ William I. Garfinkel
WILLIAM I. GARFINKEL
United States Magistrate Judge

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