Robinson v. Silva
- Beth Freeman
- 5:24-cv-02154
- U.S. District Court · Northern District of California
- 2
In Robinson v. Silva, Judge Freeman denied Robinson’s request for appointed counsel.
Calvin M. Robinson, a state prisoner representing himself in the civil-rights action, must proceed without court-appointed counsel under this order.
What happened
In Robinson v. Silva, Calvin M. Robinson, a state prisoner, is pursuing a civil-rights lawsuit against staff at Salinas Valley State Prison over alleged Eighth Amendment violations.
Robinson asked the court to provide a lawyer to assist with his lawsuits but gave no reason for the request. The court explained that appointment of counsel in this type of civil case is reserved for exceptional circumstances.
Judge Freeman found no exceptional circumstances and denied the request for appointed counsel. The order addressed the request for a lawyer.
The detailed version
- Robinson v. Silva · No. 5:24-cv-02154
- Beth Freeman
- Jan. 7, 2025
Background
Calvin M. Robinson, a state prisoner, filed a civil-rights action under 42 U.S.C. § 1983 against staff at Salinas Valley State Prison, where he was formerly confined. He alleged violations of the Eighth Amendment. The court had previously found that his complaint stated claims that could proceed and had ordered service on the defendants.
Request for Counsel
Robinson submitted a letter asking for legal representation to assist with his lawsuits. He provided no basis for the request.
The court explained that a person generally has no constitutional right to a lawyer in a civil case unless losing the case could result in loss of physical liberty. It also explained that a court may appoint counsel for an indigent litigant under 28 U.S.C. § 1915, but that appointment is discretionary and reserved for exceptional circumstances.
Ruling
Judge Beth Labson Freeman denied Robinson’s request for appointment of counsel for lack of exceptional circumstances. The order did not rule on the underlying Eighth Amendment claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.