Rochelle v. Hy-Vee, Inc.

Filing 16

MEMORANDUM AND ORDER granting 14 Plaintiff's Motion for Appointment of Counsel. A separate Order will be issued that names the specific attorney after the Court has located an attorney to represent Plaintiff. Signed by Magistrate Judge David J. Waxse on 10/6/2011. (Copy of Memorandum and Order mailed to pro se plaintiff by regular mail on 10/6/2011.) (byk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MARQUAN ROCHELLE,
Plaintiff,
v.

Case No. 11-2150-CM-DJW

HY-VEE, INC.,
Defendant.
MEMORANDUM AND ORDER
Plaintiff has filed an Employment Discrimination Complaint in which she asserts claims for
employment discrimination based upon race under Title VII of the Civil Rights Act of 1964 (“Title
VII”).1 Currently before the Court is Plaintiff’s Motion for Appointment of Counsel (ECF No. 14).
Plaintiff requests that the Court appoint an attorney to represent her and has submitted an Affidavit
of Financial Status (ECF No. 15) in support of her motion. For the reasons set forth below, the
Court grants the motion.
Unlike a criminal case, a plaintiff has no constitutional or statutory right to appointed
counsel.2 The district court however, in its discretion, may appoint counsel for a plaintiff asserting
claims under Title VII “in such circumstances as the court may deem just.”3
The Tenth Circuit has identified four factors which are relevant when evaluating motions for
the appointment of counsel in Title VII cases.4 Before the Court may appoint counsel, the “plaintiff
1

42 U.S.C. §§ 2000e et seq.

2

Castner v. Colo. Springs Cablevision, 979 F.2d 1417, 1420-22 (10th Cir. 1992).

3

42 U.S.C. § 2000e-5(f)(1).

4

Castner, 979 F.2d at 1421.

must make affirmative showings of (1) financial inability to pay for counsel; (2) diligence in
attempting to secure counsel; and (3) meritorious allegations of discrimination.”5 In addition,
“plaintiff’s capacity to present the case without counsel should be considered in close cases as an
aid in exercising discretion.”6 The discretion granted to the court in appointing counsel is extremely
broad.7
The Court has reviewed Plaintiff’s Motion for Appointment of Counsel and supporting
financial affidavit under these factors. With regard to the first two factors, the Court finds that
Plaintiff is financially unable to pay for counsel and has shown diligence in attempting to secure
counsel before filing her motion. The third Castner factor requires Plaintiff to make an affirmative
showing of “meritorious allegations of discrimination.”8 Based on the Court’s review of Plaintiff’s
Complaint and attachments, the Court finds Plaintiff’s claims to have sufficient merit to warrant the
appointment of counsel.
The Court, in its discretion, will therefore grant Plaintiff’s request for counsel. A separate
Order will be issued naming the counsel to be appointed after the Court has located an attorney to
represent Plaintiff.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Appointment of Counsel (ECF
No. 14) is granted. A separate Order will be issued that names the specific attorney after the Court
has located the appropriate attorney to represent Plaintiff.

5

Id.

6

Id.

7

Id. at 1420.

8

Id.
2

IT IS SO ORDERED.
Dated in Kansas City, Kansas on this 6th day of October 2011.
s/ David J. Waxse
David. J. Waxse
United States Magistrate Judge

cc:

All counsel and pro se parties

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