Valentine v. Brown et al

Filing 39

ORDER that Plaintiff's motions to appoint counsel (Case No. 8:16CV131, Filing Nos. 35 and 37 ; Case No. 8:16CV174, Filing Nos. 37 and 39 ) are denied. Member Cases: 8:16-cv-00131-LSC-FG3, 8:16-cv-00174-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VERONICA VALENTINE,
Plaintiff,
v.
8 UNKNOWN JANE - JOHN DOE
OMAHA POLICE OFFICERS,
LISA VILLWOK, #1764, and
JENNIFER HANSEN, #1585,
Defendants.

VERONICA VALENTINE,
Plaintiff,
v.
CITY OF OMAHA, CHIEF OF
OMAHA POLICE SCHMADER,
UNKNOWN JOHN JANE DOE
POLICE, LISA VILLWOK, #1764,
and JENNIFER HANSEN, #1585,
Defendants.

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8:16CV131
ORDER

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8:16CV174
ORDER

This matter comes before the court on Plaintiff’s motions to appoint counsel (Case
No. 8:16CV131, Filing Nos. 35 and 37; Case No. 8:16CV174, Filing Nos. 37 and 39).
Plaintiff is proceeding pro se in this matter. “Indigent civil litigants do not have a
constitutional or statutory right to appointed counsel.” Davis v. Scott, 94 F.3d 444, 447
(8th Cir. 1996). 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
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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
the above factors, the court finds that appointment of counsel is not warranted.
IT IS ORDERED: Plaintiff’s motions to appoint counsel (Case No. 8:16CV131,
Filing Nos. 35 and 37; Case No. 8:16CV174, Filing Nos. 37 and 39) are denied.

DATED: December 8, 2016.
BY THE COURT:
s/ F.A. Gossett
United States Magistrate Judge

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