Colasurdo v. Ward et al

Filing 117

ORDER assigning Attorney Daniel L. Polsby to represent Plaintiff John Colasurdo ( Attorney Appearance due by 6/19/2019), DENYING without prejudice 78 MOTION to Compel filed by John Colasurdo, and 112 MOTION to Amend/Correct 78 MOTION to Compel filed by John Colasurdo. Signed by Magistrate Judge Gilbert C. Sison on 6/4/2019. (kll)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
JOHN COLASURDO,
Plaintiff,
vs.
NATHANIEL WARD,
JEANNETTE COWAN,
KIMBERLY BUTLER,
CAMERON WATSON,
DARREN WHITLEY,
SUSAN HILL,
WILLIAM SPILLER, and
TERRI WINGERTER
Defendants.

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Case No. 3:17-cv-424-NJR-GCS

MEMORANDUM AND ORDER
SISON, Magistrate Judge:
Civil litigants do not have a constitutional or statutory right to counsel.

Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007); Zarnes v. Rhodes, 64 F.3d 285, 288
(7th Cir. 1995). Under 28 U.S.C. § 1915(e)(1), however, this Court has discretion to
recruit counsel to represent indigents in appropriate cases. Johnson v. Doughty,
433 F.3d 1001, 1006 (7th Cir. 2006).

In evaluating whether counsel should be

appointed, this Court must examine (what are known as) the Pruitt factors and apply
them to the specific circumstances of this case. Santiago v. Walls, 599 F.3d 749, 760
(7th Cir. 2010).

The Court must ask: “‘(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?’” Id. at 761, quoting Pruitt, 503 F.3d at 654.
The circumstances presented in this case warrant recruitment of counsel.

See Santiago, 599 F.3d at 765 (“The situation here is qualitatively different from
typical prison litigation.”). The Court finds that the case now is at the point where
the difficulty of the case exceeds Plaintiff’s ability to “coherently present it to the
judge or jury himself.” See Pruitt, 503 F.3d at 655.
IT IS HEREBY ORDERED that, for the reasons stated, and in accordance
with 28 U.S.C. § 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), attorney Daniel L.
Polsby of Clausen Miller PC, is ASSIGNED to represent Plaintiff John Colasurdo in
this case. On or before June 19, 2019, assigned counsel shall enter his appearance in
this case. Attorney Polsby 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 his attorney to contact him 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 Doc. 88] to Attorney Polsby. The electronic case file is available
through the CM-ECF system.
Now that counsel has been assigned, Plaintiff shall not personally file
anything in this case, except a pleading that asks that he 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
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Plaintiff.
IT IS FURTHER ORDERED that all pending motions filed by Plaintiff pro se
are DENIED without prejudice so that assigned counsel can evaluate how to proceed.
Counsel is ADVISED to consult Local Rules 83.8-83.14 regarding pro bono
case procedures.
Plaintiff and his counsel are ADVISED that, because Plaintiff is proceeding in

forma pauperis, if there is a monetary recovery in this case (either by verdict or
settlement), any unpaid out-of-pocket costs must be paid from the proceeds. See
SDIL-LR 3.1(c)(1).

If there is no recovery in the case (or the costs exceed any

recovery), the Court has the discretion to reimburse expenses.
Section 2.6 of this Court’s Plan for the Administration of the District Court
Fund provides for a degree of reimbursement of pro bono counsel’s out-of-pocket
expenses, as funds are available. The Plan can be found on the Court’s website, as
well

as

the

form

motion

for

out-of-pocket

Authorization/Certification for Reimbursement.

expenses

and

an

Any motion for reimbursement

must be made within 30 days from the entry of judgment, or reimbursement will be
waived. See SDIL-LR 83.13. The funds available for this purpose are limited,
however, and counsel should use the utmost care when incurring out-of-pocket costs.
In no event will funds be reimbursed if the expenditure is found to be without a
proper basis. The Court has no authority to pay attorney’s fees in this case. No
portion of a partial filing fee assessed pursuant to 28 U.S.C. § 1915 will be
reimbursed. Assigned counsel may move for an exemption from PACER fees for this
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case.
The district court has entered into an agreement with attorney James P.
Chapman and the Illinois Institute for Community Law to consult with lawyers on
issues in these cases, including substantive and procedural questions (both legal and
practical) and dealing with the client. Mr. Chapman can be reached by phone at
[phone] or email at [e-mail]. His services are available to
you free of charge, as long as you are representing a prisoner pro bono on a case in the
district. You are also encouraged to view online lectures presented by Mr. Chapman
at www.illinoislegaladvocate.org (under “Legal Resources” then “Prisoners’ Rights”).
In addition, the Court’s website, www.ilsd.uscourts.gov, includes a Prison Litigation
handbook which is available to you as a resource. It is listed under “Forms” as
“Attorney Information - Guide for Attorneys Recruited to Represent Plaintiffs in
Section 1983 Cases.” The Court encourages you to consult it and Mr. Chapman as
needed.
As of this date, Plaintiff’s contact information is:
John Colasurdo, No. K88438
Pontiac Correctional Center
700 West Lincoln Street
P.O. Box 99
Pontiac, IL 61764
Digitally signed by
Magistrate Judge
Gilbert C. Sison
Date: 2019.06.04
16:32:07 -05'00'

IT IS SO ORDERED.
Dated: June 4, 2019.

______________________________
GILBERT C. SISON
United States Magistrate Judge
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