Barnett v. St. Louis City Justice Center

Filing 26

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's Motion for Appointment of Counsel 24 is denied without prejudice. IT IS FURTHER ORDERED that plaintiff shall file any written response to defendant Breanna Ems Motion to Compel (ECF 25 ) not later than August 18, 2020. (Response to Court due by 8/18/2020.) Signed by District Judge Catherine D. Perry on 7/28/2020. (TMT)

Case: 4:18-cv-00841-CDP Doc. #: 26 Filed: 07/28/20 Page: 1 of 3 PageID #: 104

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHNATHAN BARNETT,

)
)
Plaintiff,
)
)
v.
)
)
ST. LOUIS CITY JUSTICE CENTER, )
et al.,
)
)
Defendants.
)

Case No. 4:18 CV 841 CDP

MEMORANDUM AND ORDER
Plaintiff Johnathan Barnett moves for the appointment of counsel to assist
him in this prisoner civil rights action, and specifically to help him respond to
defendant’s recent discovery requests. Because Barnett has demonstrated an
adequate ability to present his claims to this Court and litigate this action, I will
deny the motion. Barnett shall have to August 18, 2020, by which to file a written
response to defendant’s motion to compel.
There is no constitutional or statutory right to appointed counsel in civil
cases. Nelson v. Redfield Lithograph Printing, 728 F.2d 1003, 1004 (8th Cir.
1984). In deciding whether to appoint counsel for an indigent plaintiff, I should
consider relevant factors, including the factual complexity of the case, the ability
of the indigent to investigate the facts, the existence of conflicting testimony, and
the ability of the indigent to present his claims. Stevens v. Redwing, 146 F.3d 538,

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546 (8th Cir. 1998).
Barnett has demonstrated that he can adequately present his claims to the
Court. Moreover, neither the factual nor legal issues in this case are complex.
Barnett claims that defendant Breanna Ems, a housing officer at St. Louis City
Justice Center, used excessive force against him when she pepper sprayed him in
the face, grabbed him by the neck, and punched him in the back of his head
without reason or cause; and, further, was deliberately indifferent to his serious
medical needs when she intentionally denied him access to medical care despite
knowing of his serious medical needs. Barnett has been able to describe the
circumstances giving rise to his claims, identify the persons allegedly involved,
and state the date upon which the alleged unlawful conduct occurred. Further, this
case is in its preliminary stage. Whether conflicting evidence or testimony exists
will become apparent as the case proceeds and upon consideration of summary
judgment motions, if any are filed. I will therefore deny Barnett’s motion for the
appointment of counsel at this time. I will grant him some additional time,
however, to respond to defendant Ems’ pending motion to compel.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s Motion for Appointment of
Counsel [24] is denied without prejudice.
IT IS FURTHER ORDERED that plaintiff shall file any written response
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to defendant Breanna Ems’ Motion to Compel (ECF 25) not later than August 18,
2020.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 28th day of July, 2020.

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