Roberts v. Snohomish County et al

Filing 135

ORDER denying Plaintiff's 124 Motion to Hold Defendants in Contempt; denying Plaintiff's 129 Motion to Appoint Counsel under the Americans with Disabilities Act, signed by Hon. James P. Donohue. **3 PAGE(S), PRINT ALL**(Joe Roberts, Prisoner ID: 394089)(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOE J.W. ROBERTS, JR.,
Plaintiff,

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Case No. C16-1464-TSZ-JPD

v.
SNOHOMISH COUNTY, et al.,
Defendants.

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ORDER DENYING PLAINTIFF’S
MOTIONS TO HOLD DEFENDANTS IN
CONTEMPT AND TO APPOINT
COUNSEL

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This is a civil rights action brought under 42 U.S.C. § 1983. This matter comes before

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the Court at the present time on plaintiff’s motion to hold defendants in contempt for lying under

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oath and on plaintiff’s motion to appoint counsel under the Americans with Disabilities Act.

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Defendants have filed responses to both motions. The Court, having reviewed plaintiff’s

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motions, and the balance of the record, hereby finds and ORDERS as follows:

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(1)

Plaintiff’s motion to hold defendants in contempt for lying under oath (Dkt. 124)

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is DENIED. Plaintiff’s motion is somewhat difficult to understand, but he appears to suggest

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that defendants should be held in contempt because they have submitted documents in this action

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which are contrary to the version of events which plaintiff has set forth in his various pleadings.

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ORDER DENYING PLAINTIFF’S MOTIONS
TO APPOINT COUNSEL AND TO HOLD
DEFENDANTS IN CONTEMPT - 1

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Plaintiff does not identify specific excerpts from the documents which he believes are inaccurate

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or objectionable, nor does he offer any evidence of perjury. Plaintiff’s motion simply lacks

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sufficient specificity to demonstrate any entitlement to relief, and the motion must therefore be

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denied.

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(2)

Plaintiff’s motion for appointment of counsel under the Americans with

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Disabilities Act (Dkt. 129) is DENIED. Plaintiff has asked the Court to appoint counsel multiple

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times during the pendency of this action, and on each occasion plaintiff’s request for counsel has

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been denied. (See Dkts. 14, 51, 63, 96, 110.) Plaintiff now argues that he is entitled to

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appointment of counsel under Title II of the Americans with Disabilities Act (“ADA”) because

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he has been diagnosed with various mental disorders which preclude him from effectively

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litigating this action. However, plaintiff makes no showing that the ADA applies in this

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context.1 Moreover, the Court his previously considered, and rejected, plaintiff’s argument that

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his alleged mental health disabilities warrant the appointment of counsel, and nothing in the

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instant motion demonstrates that the Court’s prior ruling was erroneous. (See Dkts. 91, 96, 110.)

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Finally, the Court notes that it has now issued a Report and Recommendation in this matter

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recommending that defendants’ motion for summary judgment be granted. It is thus the view of

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this Court that plaintiff is not likely to succeed on the merits of his claims. In sum, plaintiff has

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not demonstrated that his case involves exceptional circumstances which warrant the

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appointment of counsel, and the instant motion must therefore be denied.

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Title II of the ADA applies to all services, programs and activities of public entities. 42 U.S.C. § 12131.
However, the definition of public entity does not include the federal government. Id.

ORDER DENYING PLAINTIFF’S MOTIONS
TO APPOINT COUNSEL AND TO HOLD
DEFENDANTS IN CONTEMPT - 2

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(3)

The Clerk is directed to send copies of this Order to plaintiff, to counsel for

defendant, and to the Honorable Thomas S. Zilly.
DATED this 12th day of February, 2018.

A

JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER DENYING PLAINTIFF’S MOTIONS
TO APPOINT COUNSEL AND TO HOLD
DEFENDANTS IN CONTEMPT - 3