Valentine v. Brown et al

Filing 116

ORDER APPOINTING COUNSEL - Cathy S. Trent-Vilim for Veronica Valentine appointed as counsel. Ordered by Magistrate Judge Michael D. Nelson. (Copies mailed as directed)(copy provided to Pat Williamson)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VERONICA VALENTINE,
8:16CV131
Plaintiff,
ORDER
vs.
LISA VILLWOK, #1764; and JENNIFER
HANSEN, #1585;
Defendants.

8:16CV174
ORDER

This matter is before the Court following the Final Pretrial Conference held on
September 11, 2017. The issue of appointing counsel for Plaintiff was raised during the hearing.
A civil litigant does not have a constitutional or statutory right to appointed counsel, but
the Court may appoint counsel at its discretion. 28 U.S.C. § 1915(e)(1). “[T]he appointment of
counsel [for indigent civil litigants] should be given serious consideration by the district court if
the plaintiff has not alleged a frivolous or malicious claim.” Abdullah v. Gunter, 949 F.2d 1032,
1035 (8th Cir. 1991) (quoting Nelson v. Redfield Lithograph Printing, 728 F.2d 1003, 1005 (8th
Cir. 1984). The Court considers a number of factors when determining whether an indigent
litigant is in need of appointed counsel, including: “the factual complexity of the case, the ability
of the indigent to investigate the facts, the existence of conflicting testimony, the ability of the
indigent to present his claim and the complexity of the legal issues.” Gunter, 949 F.2d at 1035
(citing Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986).
Although this case is not factually or legally complex, the Court’s observations during the
hearing indicate Plaintiff does not have the ability to present her non-frivolous claim at trial
without the assistance of counsel. Plaintiff was largely unable to communicate with the Court
without the assistance of her sister, a non-lawyer, who spoke on Plaintiff’s behalf for the
majority of the hearing. Plaintiff stated on the record that she would like an attorney. The
undersigned magistrate judge contacted attorney Cathy Trent-Vilim, who has agreed to represent
Plaintiff. The Court thanks Ms. Trent-Vilim for her service. Accordingly,

IT IS ORDERED:
1. Plaintiff’s oral motion for appointment of counsel is granted. Cathy Trent-Vilim is
hereby appointed to represent Plaintiff, Veronica Valentine, in this matter. Ms. TrentVilim shall enter her appearance upon receipt of this Order.

2. Upon receipt of this Order, Plaintiff, Veronica Valentine, is directed to promptly
contact Ms. Trent-Vilim by telephone at [phone], and provide Ms. Trent-Vilim
with Plaintiff’s updated telephone number.

3. With the agreement of Chief Judge Smith Camp, and pursuant to ¶ II.A.1.a of Amended
Plan for the Administration of the Federal Practice Fund and the Federal Practice
Committee, the Clerk shall promptly disburse to Ms. Trent-Vilim $1,000 as an initial
fee. Ms. Trent-Vilim shall be paid an additional fee of $1,000 upon completion of the
case.

Should Plaintiff succeed and Ms. Trent-Vilim is awarded attorney fees and

expenses as a prevailing party that exceed $2,000 plus expenses, she shall reimburse the
fund for the fees and expenses paid from the Federal Practice Fund. Ms. Trent-Vilim
may also seek prior ex parte authorization from the undersigned magistrate judge for
additional funds to be disbursed from the Federal Practice Fund to defray her necessary
expenses.

4. The Clerk of Court shall mail copies of this Order to the Plaintiff at her address listed
on the docket, and to Cathy Trent-Vilim, at 10306 Regency Pkwy Dr., Omaha, NE
68114, and shall also send her an emailed copy at [e-mail]. The
Clerk shall also provide a copy of this Order to Pat Williamson.
Dated this 13th day of September, 2017.

BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge

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