Sattlefield v. Office of Personnel Managment
Filing
9
ORDER GRANTING motion to proceed in forma pauperis and motion to appoint counsel and ORDER assigning Attorney Gordon R. Broom for Madelaine Sattlefield. The Court ALLOWS plaintiff up to and including January 17, 2017 to file an amended complaint. See Order for details. The Court DIRECTS the Clerk of the Court to send a copy of this Order to plaintiff Sattlefield. Attorney Appearance due by 12/16/2016. Signed by Judge David R. Herndon on 11/16/16. (klh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MADELAINE SATTLEFIELD,
Plaintiff,
No. 16-1003-DRH
vs.
OFFICE OF PERSONNEL
MANAGEMENT,
Defendant.
MEMORANDUM and ORDER
HERNDON, District Judge:
On September 2, 2106, Madelaine Sattlefield filed a pro se civil rights suit
against the United States Office of Personel [sic] Management (Doc. 1). Along with
her complaint, she filed a motion for leave to proceed in forma pauperis, a motion
for recruitment of counsel and a motion for service of process at government
expense (Docs. 2, 3 & 4). On September 19, 2016, the Court denied with leave to
refile plaintiff’s motions and directed her to file an amended complaint detailing
facts as to her claims (Doc. 5). On October 7, 2016, plaintiff filed an amended
complaint adding Gloria Silver, Mathew McIsaac and Karin Buckhaltor as
defendants (Doc. 6). The Court construed the amended complaint as containing
renewed motions to proceed without prepaying fees and for service at the
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government expense and again denied with leave to refile the motions and with
leave to file an amended complaint providing more details as to her claims (Doc.
7).
On November 15, 2016, plaintiff filed her amended complaint (the Court
notes that it did not reference claims against defendants McIsaac or Buckhaltor)
(Doc. 8). The Court construes the amended complaint as containing the motion
for leave to proceed in forma pauperis and for appointment of counsel.
Under the PLRA, the Court must screen any indigent’s complaint (those
filed by prisoners and non-prisoners alike) and dismiss the complaint if (a) the
allegation of poverty is untrue, (b) the action is frivolous or malicious, (c) the
action fails to state a claim upon which can be granted, or (d) the action seeks
monetary relief against a defendant who is immune from such relief. 28 U.S.C. §
1915(e)(2).
Here, the Court finds that Sattlefield’s pleadings, though still lacking in
specificity regarding critical elements of her cause of action, survive § 1915(e)(2)
review. She signed a declaration contained in her motion to proceed in forma
pauperis documenting her poverty. She is seeking relief because she was denied
her disability retirement by the Office of Personnel Management. She claims that
she appealed her claims through the agency and that her claims were denied at
each level.
The action appears to be neither frivolous nor malicious.
At this
point, the Court cannot conclude that the complaint fails to state a claim or that
the named defendant is immune from suit.
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Further, in large part because of her several unavailing efforts to construct
a technically proficient complaint, the Court finds that plaintiff is entitled to court
appointed counsel and APPOINTS Mr. Gordon R. Broom, HeplerBroom LLCEdwardsville, 130 North Main Street, P.O. Box 510, Edwardsville, Illinois 62025,
618-656-0184.
A district court “may request an attorney to represent any person unable to
afford counsel.” 28 U.S.C. § 1915(e)(1). There is no constitutional or statutory
right to counsel for a civil litigant, however. Stroe v. Immigration and
Naturalization Services, 256 F.3d 498, 500 (7th Cir. 2001); Zarnes v. Rhodes,
64 F.3d 285, 288 (7th Cir. 1995). Appointment of counsel (following recruitment)
lies within the sound discretion of the trial court. See Pruitt v. Mote, 503 F.3d
647, 654 (7th Cir. 2007) (citing Johnson v. Doughty, 433 F.3d 1001, 1006 (7th
Cir. 2006)). In determining whether to recruit counsel, the Court is directed to
make a two-fold inquiry: “(1) has the indigent plaintiff made a reasonable attempt
to obtain counsel or been effectively precluded from doing so; and if so, (2) given
the difficulty of the case, does the plaintiff appear competent to litigate it himself.”
Pruitt, 503 F.3d at 654 (citing Farmer v. Haas, 990 F.2d 319, 321- 22 (7th Cir.
1993)). The first prong of the analysis is a threshold question. If a plaintiff has
made no attempt to obtain counsel on his own, the court should deny the request.
See Pruitt, 503 F.3d at 655.
Based on the pleadings contained in the amended complaint, the Court
finds that plaintiff made a reasonable attempt to obtain counsel. She submitted
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the names of attorneys she contacted. She states that the attorneys declined to
take her case. While it is uncertain regarding the potential success on the merits
of plaintiff’s claims, it is a potentially complex case and clearly too complex for
plaintiff given the three complaints that she has filed. See Docs. 1, 6 & 8. A
review of the complaints indicates that they confusing at best. The Court finds
that counsel would be beneficial to plaintiff based on the allegations contained in
the complaint.
Plaintiff is cautioned to consult with counsel in this matter to understand
that it is the attorney who is the legal professional in this relationship. Without
commenting on the validity of the litigation, counsel is reminded and plaintiff is
advised that counsel, even though appointed by the Court, has an obligation
under the rules to refrain from filing frivolous pleadings.
As a consequence,
counsel will likely, from time to time, advise plaintiff against taking a certain
course of action. While plaintiff may not totally agree with counsel’s advice, she
should realize that, in the long run, such advice will be in her best interest
because it is in compliance with the law. Also, counsel may advise plaintiff to
pursue additional claims or to abandon certain existing claims. This appointment
does not prevent counsel and client from trying to reach an agreement relative to
a compensated relationship between each of them, such as a contingent fee
arrangement.
Counsel, of course, maintains an ethical obligation to fully and vigorously
represent the client, but only to the extent that it does not impede his ethical
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obligation to follow the rules of the Court and the law. If plaintiff wants to be
represented by counsel, plaintiff will have to cooperate fully with counsel. The
Court will not accept any filings from plaintiff individually while she is
represented by counsel, except a pleading that asks that she be allowed to
have counsel withdraw from representation. If counsel is allowed to withdraw
at the request of plaintiff, there is no guarantee the Court will appoint other
counsel to represent plaintiff.
Accordingly, the Court GRANTS Sattlefield’s motions to proceed in forma
pauperis and for service at government expense. Further, the Court GRANTS the
motion to appoint counsel and APPOINTS Mr. Gordon R. Broom to represent
Sattlefield, in accordance with 28 U.S.C. § 1915(e)(1) and Local Rule(s) 83.1(i)
and 83.9(b), On or before December 16, 2016, assigned counsel shall enter his
appearance in this case. Attorney Broom is free to share responsibilities with an
associate who is also admitted to practice in this district court. Assigned counsel,
however, must enter the case and shall make first contact with plaintiff,
explaining that an associate may also be working on the case. Plaintiff should
wait for her attorney to contact her in order to allow counsel an opportunity to
review the court file.
The Clerk of Court is DIRECTED to transmit this Order [and copies of the
docket sheet and all the pleadings] to attorney Broom. Also, the electronic case
file is available through the CM-ECF system.
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Lastly, the Court ALLOWS Sattlefield, by and through counsel, to file an
amended complaint on or before January 17, 2017. Plaintiff’s counsel shall serve
the amended complaint on the proper defendants.
IT IS SO ORDERED.
Signed this 16th day of November, 2016.
Judge Herndon
2016.11.16
10:18:48 -06'00'
United States District Judge
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