Green v. Armbruster

Background

At an April 22, 2025 proceeding, Darnell Green requested appointment of counsel. The opinion explains that, in a civil case, the court cannot require the government to provide or pay for a lawyer. Under 28 U.S.C. § 1915(e)(1), the court may instead request that a lawyer volunteer to represent a person who cannot afford counsel.

Green had previously been granted permission to proceed in forma pauperis (IFP), meaning without paying ordinary court fees because of financial inability. The court noted that Green remained incarcerated and presumed that his financial circumstances had not changed, so it found him indigent.

At the same conference, Green voluntarily dismissed Defendant T. Armbruster. The remaining claims are claims under 42 U.S.C. § 1983 alleging that Department of Corrections and Community Supervision Officers Reed, Daddezio, and Prescott used excessive force against Green.

Counsel request

The court applied factors from Hodge v. Police Officers for deciding whether to request volunteer counsel. Those factors include whether the claims appear substantial, the litigant’s ability to investigate and present the case, whether conflicting evidence will make cross-examination important, the complexity of the legal issues, efforts to obtain counsel, and whether counsel would help produce a fairer result.

The court found that Green’s claims were sufficiently substantial because of the seriousness of the allegations and because the defendants were not seeking summary judgment on those claims. The court stated that the claims would proceed to trial unless the parties settled. It also found that the other factors supported counsel: Green had apparently been unsuccessful in retaining a lawyer, cross-examination would be critical, and counsel would present the case more clearly and efficiently.

Ruling

The court granted Green’s motion to the extent that it would request volunteer counsel for the remaining proceedings, including settlement negotiations and, if necessary, trial. The court cautioned that there were no funds to retain counsel in civil cases, that a volunteer might not be found quickly, and that there was no guarantee that any lawyer would accept the case. Until a volunteer lawyer accepts the case, Green must continue representing himself.

The court separately certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and therefore denied IFP status for purposes of an appeal. The opinion does not decide the merits of Green’s excessive-force claims.