Campbell v. Truw et al

Filing 83

ORDER GRANTING REQUEST FOR PRO BONO TRIAL COUNSEL: Accordingly, the Court GRANTS Plaintiff's request that the Court issue an order granting his request for pro bono trial counsel. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. Nevertheless, this litigation will progress at a normal pace . If an attorney volunteers, the attorney will contact Plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and Plaintiff should be prepared to proceed with the case pro se. Of course, if an at torney offers to take the case, it is entirely Plaintiff's decision whether to retain that attorney or not. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. The Fund is especially int ended for attorneys for whom pro bono service is a financial hardship. See http://www.nysd.circ2.dcn/docs/prose/pro_bono_fund_order.pdf.] The Court reminds the parties that they are to appear telephonically at the next scheduled status conference on November 23, 2021 at 2:00 PM. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at the address listed on ECF and to show service on the docket. (Signed by Judge Nelson Stephen Roman on 9/23/2021) (ate) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DEMOND CAMPBELL,
-against-

9/23/2021

Plaintiff,

No. 18 cv 5507 (NSR)

CORRECTIONAL OFFICER TREW,
CORRECTIONAL OFFICER MURPHY

ORDER GRANTING REQUEST FOR
PRO BONO TRIAL COUNSEL

Defendants.
NELSON S. ROMÁN, United States District Judge:
Plaintiff Demond Campbell (“Plaintiff”) commenced this pro se action asserting claims
pursuant to 42 U.S.C. § 1983 (“Section 1983”) against Correctional Officer (“C.O.”) Timothy
Trew (“C.O. Trew”) and C.O. Patrick Murphy (“C.O. Murphy”) (collectively, “Defendants”), who
Plaintiff alleges sexually assaulted him in violation of the Fourth and Eighth Amendments.
(Compl. (ECF No. 1.)) On July 30, 2021 the Court denied Defendants’ motion for summary
judgment. (ECF No. 82.) During the parties’ status conference on September 21, 2021, Plaintiff
expressed interest in the Court appointing pro bono counsel.
As Plaintiff has Fourth and Eighth Amendment claims that survived summary judgment,
this Court concludes that Plaintiff’s claims “seem[ ] likely to be of substance.” Hodge v. Police
Officers, 802 F.2d 58, 60 (2d Cir. 1986). If the matter is not settled quickly, it will be scheduled for
trial and appointment of counsel would “lead to a quicker and more just result by sharpening the
issues and shaping examination.” Id. at 61. Accordingly, the Court GRANTS Plaintiff’s request
that the Court issue an order granting his request for pro bono trial counsel.
The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the
Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may
pass before counsel volunteers to represent Plaintiff. Nevertheless, this litigation will progress at

a normal pace. If an attorney volunteers, the attorney will contact Plaintiff directly. There is no
guarantee, however, that a volunteer attorney will decide to take the case, and Plaintiff should be
prepared to proceed with the case pro se. Of course, if an attorney offers to take the case, it is
entirely Plaintiff’s decision whether to retain that attorney or not. The Court has established a Pro
Bono Fund to encourage greater attorney representation of pro se litigants. The Fund is especially
intended for attorneys for whom pro bono service is a financial hardship. See
http://www.nysd.circ2.dcn/docs/prose/pro_bono_fund_order.pdf.]
The Court reminds the parties that they are to appear telephonically at the next scheduled
status conference on November 23, 2021 at 2:00 PM. The Clerk of Court is directed to mail a copy
of this Order to Plaintiff at the address listed on ECF and to show service on the docket.
SO ORDERED.
Dated:

September 23, 2021
White Plains, New York
NELSON S. ROMÁN
United States District Judge

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