BIBB COUNTY SCHOOL DISTRICT v. DALLEMAND, et al.

Filing 402

ORDER DENYING 396 Motion to Appoint Counsel. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 7/24/2019. (kat)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

BIBB COUNTY SCHOOL DISTRICT,

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Plaintiff,
v.

ROMAIN DALLEMAND,
Defendant.

CIVIL ACTION NO. 5:16-CV-549 (MTT)

ORDER
On July 12, 2019, Defendant Romain Dallemand moved for an appointment of
counsel. Doc. 396. A civil litigant has “no absolute constitutional right to the
appointment of counsel.” Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987)
(citations omitted). Indeed, appointment of counsel in a civil case is a privilege that is
justified only by exceptional circumstances. Wahl v. McIver, 773 F.2d 1169, 1174 (11th
Cir. 1985) (citation omitted). In deciding whether legal counsel should be provided, the
Court considers, among other factors, the merits of the claims and defenses and the
complexity of the factual and legal issues presented. Holt v. Ford, 862 F.2d 850, 853
(11th Cir.1989) (en banc) (citations omitted).
Here, there are no exceptional circumstances justifying an appointment of
counsel. Now that the only remaining Defendant is Dallemand, the legal issues in this
case are relatively straightforward, and there is no person more intimately familiar with
the facts than Dallemand. And, as BSCD pointed out in its June 14, 2019 letter, it would

be infeasible to appoint counsel at this late stage of the litigation. Doc. 387 at 3.
Finally, since filing his motion for appointment of counsel, Dallemand expressly stated
he will not appear at trial, confirmed he does not contest his liability or amount of
damages, acknowledged the dismissal of his counterclaim, and asked that a judgment
be entered against him. Doc. 400. Accordingly, his motion (Doc. 396) is DENIED.
SO ORDERED, this 24th day of July, 2019.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT