Romero v. Bussanich

Background

Ludwig Criss Zelaya-Romero requested that the court seek volunteer legal counsel. He had previously been allowed to proceed without paying court fees, so the court found that he qualified as unable to afford counsel. His case asserts claims under Bivens—a type of claim for certain constitutional violations by federal officials—and under the Federal Tort Claims Act, based on alleged inadequate medical care while he was incarcerated at the Metropolitan Correctional Center and the Metropolitan Detention Center.

The court stated that some of Zelaya-Romero’s claims had survived the defendants’ motion to dismiss. It therefore found that his remaining claims were likely to have substance. Applying the factors used to decide whether to seek volunteer counsel in a civil case, the court also found that Zelaya-Romero’s incarceration and limited ability to speak English hindered his ability to conduct discovery and participate in settlement discussions.

Ruling

The court granted Zelaya-Romero’s application for the court to request counsel. It directed the Clerk of Court to seek a lawyer willing to enter a limited appearance for discovery and settlement. The court cannot require a lawyer to volunteer or guarantee that a lawyer will accept the case.

The volunteer lawyer will not be required to handle matters beyond the order’s stated scope, including responding to a dispositive motion—a motion that could resolve the case or claims—unless the court expands the representation. If such a motion is filed, counsel may seek relief such as more time for Zelaya-Romero to respond or an expansion of counsel’s role. Without an expansion, the representation will end after discovery is completed and counsel files a notice of completion.

The court stayed further proceedings while it seeks counsel. It directed the Clerk to terminate the docket entry for Zelaya-Romero’s application, mail him a copy of the order, and note service on the docket. The order also states that volunteer counsel may seek reimbursement of certain qualifying out-of-pocket expenses from the court’s Pro Bono Fund.

Effect

This order does not decide the merits of Zelaya-Romero’s medical-care claims. It grants a limited request for volunteer representation and pauses further proceedings while the court seeks counsel. Zelaya-Romero was warned that he may need to continue without a lawyer if no volunteer accepts the case. Judge Dale E. Ho signed the order.