Fitzgerald v. Nebraska Department of Correctional Services et al

Filing 12

MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 7 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAMON E. FITZGERALD,
Plaintiff,
V.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES,
SCOTT FRAKES, FRANK
HOPKINS, DIANE SABATKA-RINE,
RICHARD CRUICKSHANK, APRIL
JUNE-BULLINGS, JILL KUBICEK,
ROBERT MADSEN, JASON HURT,
BRANDON NOORDHOEK,
MATTHEW TRACY, sued in their
official and individual capacities, and
WILLIAM HENDRICKS, sued in his
individual capacity,
Defendants.

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8:16CV101

MEMORANDUM AND ORDER

Plaintiff has filed a Motion (Filing No. 7) seeking the appointment of counsel.
The court cannot routinely appoint counsel in civil cases. In Davis v. Scott, 94 F.3d
444, 447 (8th Cir. 1996), the Eighth Circuit Court of Appeals explained that
“[i]ndigent civil litigants do not have a constitutional or statutory right to appointed
counsel.” Trial courts have “broad discretion to decide whether both the plaintiff and
the court will benefit from the appointment of counsel, taking into account the factual
and legal complexity of the case, the presence or absence of conflicting testimony, and
the plaintiff’s ability to investigate the facts and present his claim.” Id. Having
considered these factors, the request for the appointment of counsel will be denied
without prejudice to reassertion.
IT IS THEREFORE ORDERED that: Plaintiff’s Motion to Appoint Counsel

(Filing No. 7) is denied without prejudice to reassertion.
DATED this 26th day of May, 2016.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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