Perry v. Valdez
- Lewis Liman
- 1:24-cv-08438
- U.S. District Court · Southern District of New York
- 4
In Kahreem Perry v. Jose Valdez, Judge Figueredo directed the Clerk to seek volunteer counsel for Perry’s settlement efforts.
Kahreem Perry is affected because the court directed the Clerk to seek volunteer counsel to assist him only with settlement negotiations and a settlement conference. The order does not state that counsel has been found or guarantee representation.
What happened
In Kahreem Perry v. Jose Valdez, Kahreem Perry, who is incarcerated and representing himself, brought a civil-rights lawsuit under 42 U.S.C. § 1983 concerning invasive strip and cavity searches during transportation between Rikers Island and a courthouse. The case had been referred for settlement.
The court found that the factors favored seeking volunteer legal counsel for Perry, including the apparent strength of his claims, his inability to pay, his incarceration, and the expected benefit of legal assistance during settlement discussions. Perry had been granted permission to proceed without paying court fees.
Judge Valerie Figueredo directed the Clerk of Court to try to locate volunteer counsel for the limited purpose of helping Perry negotiate and participate in a settlement conference. The court cautioned that counsel might not be found quickly and that representation was not guaranteed.
The detailed version
- Perry v. Valdez · No. 1:24-cv-08438
- Lewis Liman
- Oct. 16, 2025
Background
Kahreem Perry, who is incarcerated at Elmira Correctional Facility and is proceeding without a lawyer, brought this civil-rights action under 42 U.S.C. § 1983. The opinion states that his claims concern a series of invasive strip and cavity searches during transportation between Rikers Island and the courthouse at 100 Centre Street in Manhattan. The action originally named three unidentified officers. After an earlier order directed the New York City Law Department to determine their identities and badge numbers, Perry filed amended complaints identifying the officers.
The case was referred to Magistrate Judge Valerie Figueredo for settlement on October 14, 2025. Perry had previously been granted permission to proceed without paying court fees. The opinion also states that Judge Lewis J. Liman issued the earlier order concerning identification of the unidentified officers.
Legal standard
Under the federal statute governing people who cannot afford court costs, a court may ask a lawyer to represent an eligible litigant. The court cannot force a lawyer to take the case. Courts consider factors including the apparent merits of the case, the plaintiff’s ability to pay for a private lawyer, efforts to find a lawyer, whether a lawyer is available, and the plaintiff’s ability to handle the case without assistance. The opinion states that the merits receive the most attention.
Court’s analysis
Judge Figueredo found that all of the relevant factors favored seeking volunteer counsel. At this early stage, the claims appeared likely to have substance, and legal representation could help clarify the issues and produce a quicker and fairer settlement process. Perry’s permission to proceed without paying fees showed that he could not afford counsel, and his incarceration made it harder for him to raise money and locate a lawyer. The court also found that counsel would be important in helping Perry understand and value his claims and communicate his factual and legal positions during settlement discussions.
Disposition
The court directed the Clerk of Court to attempt to locate volunteer counsel for Perry. Any representation would be limited to assisting with settlement negotiations and representing him at a settlement conference before the court. The court explained that there are no funds to pay lawyers in civil cases and that it relies on volunteers. It warned that a long time might pass before a lawyer volunteers and that, if one does, the lawyer will contact Perry directly. The Clerk was also asked to mail Perry a copy of the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.