Scalant v. Fratianni

Background

Alberto Scalant, a detainee proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983. The court ordered service of his claim that Dr. S. Fratianni violated his right to adequate medical care at the county jail. Scalant then moved for appointment of counsel.

Legal standard

The court explained that there is no constitutional right to a lawyer in a civil case. Under 28 U.S.C. § 1915(e)(1), a court may request that a lawyer represent a person who cannot afford one, but it may not force a lawyer to accept the appointment. Ninth Circuit law permits a court to ask counsel to represent an indigent litigant only in “exceptional circumstances.” The court must consider both the likelihood of success on the merits and the plaintiff’s ability to explain and pursue the claims without a lawyer, considering the complexity of the legal issues.

Ruling

The court rejected Scalant’s arguments that the case was complex and that his confinement made it difficult to prosecute. It determined that the action did not present complex legal issues and that Scalant had ably prosecuted this case and several other actions in the court. Because the litigation was still at an early stage, the court could not yet determine the likelihood of success on the merits.

Judge Rita F. Lin denied the motion for appointment of counsel without prejudice. The court also ordered the defendant, who had not yet filed a motion seeking a ruling that would dispose of the case, to file such a motion or indicate that none would be filed by January 20, 2026. The court stated that the instructions in its prior order remained in effect and directed the clerk to terminate the motion from the docket.