Rodriguez v. Burnett

Background

Ralph Rodriguez applied for the court to request volunteer legal counsel under 28 U.S.C. § 1915(e)(1). The court had previously granted his request to proceed without paying court fees, so it found that he qualified as indigent. Rodriguez’s complaint asserts claims under several constitutional amendments, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The opinion states that his deliberate-indifference and disability-discrimination claims are proceeding to trial.

Legal standard

In a civil case, a federal court generally cannot require the government to provide a lawyer. Under the in forma pauperis statute, the court may request that a lawyer volunteer to represent a person who cannot afford counsel. The court applied the factors described in Hodge v. Police Officers, including whether the claims appear likely to be substantial, the person’s ability to investigate and present the case, the likelihood that conflicting evidence will require cross-examination, the complexity of the legal issues, and whether counsel would help produce a fairer result.

Court’s analysis

The court found that Rodriguez’s claims were “likely to be of substance” and that the other factors favored requesting counsel. It reasoned that the case involves multiple claims based on different facts and legal theories, and that volunteer counsel could help Rodriguez prepare pretrial materials and present his case to the jury. The order states that pretrial materials were scheduled to be filed on February 3, 2025.

The court explained that volunteer counsel may seek reimbursement from the court’s Pro Bono Fund for certain out-of-pocket expenses. Representation will end when the volunteer lawyer files a Notice of Completion. The court also warned that finding a volunteer lawyer may take time, that no lawyer is guaranteed to accept the case, and that Rodriguez may need to continue representing himself if no volunteer agrees to do so.

Disposition

Judge Philip M. Halpern granted Rodriguez’s application for the court to request counsel. The order directs the Clerk of Court to seek pro bono counsel to enter an appearance for the purpose of trial; it does not state that counsel had already been secured or appointed. The court separately certified that an appeal from the order would not be taken in good faith and denied Rodriguez’s fee-free status for purposes of an appeal.