Egypt v. United States
- Stewart Aaron
- 1:23-cv-02930
- U.S. District Court · Southern District of New York
- 5
In Cleopatra Egypt v. United States, Judge Aaron granted Egypt’s request to seek volunteer counsel for her remaining medical-malpractice and negligence claims.
Cleopatra Egypt is affected because the court will seek a volunteer lawyer for her remaining claims, but representation is not guaranteed. The United States remains the defendant, and the case will continue.
What happened
Cleopatra Egypt is pursuing medical-malpractice and negligence claims against the United States under the Federal Tort Claims Act. The court had previously allowed those claims to continue, and Egypt requested a volunteer lawyer because of medical conditions described in sealed materials.
The court found that Egypt qualified as unable to afford counsel and that her remaining claims were likely substantial because they had survived the government’s dismissal motion. It also found that her medical conditions, the fact-intensive nature of the claims, and the need to investigate and present evidence supported seeking counsel.
Judge Aaron granted Egypt’s request for the court to seek volunteer counsel and directed the Clerk of Court to try to locate a lawyer. The court explained that representation was not guaranteed and that the case’s scheduled pretrial conference would proceed.
The detailed version
- Egypt v. United States · No. 1:23-cv-02930
- Stewart Aaron
- Aug. 9, 2024
Background
Cleopatra Egypt asked the court to seek a volunteer lawyer to represent her because of medical reasons described in materials filed under seal. She had previously been allowed to proceed without paying court fees. Her remaining claims are medical-malpractice and negligence claims against the United States under the Federal Tort Claims Act.
The court had earlier granted in part and denied in part the United States’ motion to dismiss. The medical-malpractice and negligence claims involving the Institute for Family Health and Dr. Robert Schiller were allowed to proceed against the Government. Egypt did not file another amended complaint, and the court scheduled an initial pretrial conference for September 10, 2024.
Legal standard
Under 28 U.S.C. § 1915(e)(1), a court may ask a lawyer to represent a person who cannot afford counsel. In a civil case, the court generally cannot force a lawyer to take the case or provide money to pay the lawyer. The court therefore considers requests for volunteer counsel sparingly.
The court applied factors from Hodge v. Police Officers. First, the person must show financial inability to afford counsel. The claims must also appear likely to have substance. If those requirements are met, the court considers factors including the person’s ability to investigate facts, the likely need to cross-examine witnesses, the person’s ability to present the case, the complexity of the legal issues, and whether counsel would make a fair result more likely.
Court’s analysis
The court found that Egypt was unable to afford counsel because her request to proceed without paying court fees had been granted. It also found that her remaining claims were likely to have substance because the court had already determined that she plausibly pleaded them.
The court concluded that Egypt might have difficulty investigating important facts as the case continued, particularly in light of the medical diagnoses described in her letter. The claims would involve fact-intensive questions concerning the pain and suffering associated with delayed medical treatment, making legal assistance useful for examining witnesses and presenting evidence. The court also found that the remaining claims were sufficiently complex because Egypt would need to prove each element with admissible evidence. The court noted that the New York Legal Assistance Group could no longer continue providing legal assistance to her.
Disposition
Judge Stewart D. Aaron granted Egypt’s request for the court to seek the appointment of volunteer counsel. The Clerk of Court was directed to try to locate a volunteer lawyer for all purposes. The court emphasized that a lawyer might not volunteer and that the litigation would continue regardless. It ordered that the September 10, 2024 initial pretrial conference proceed as scheduled. The order did not decide the merits of Egypt’s remaining claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.