Brown v. Brennan

Background

Misty Danielle Brown sued Megan Brennan, identified in the opinion as the Postmaster General of the United States Postal Service, alleging employment discrimination under Title VII of the Civil Rights Act of 1964. The court had previously granted Brown permission to proceed without paying filing fees and had ordered service of the summons after reviewing her complaint under 28 U.S.C. § 1915(e)(2).

Brown then moved for appointment of counsel. The opinion states that she asserted a medical condition would prevent her from properly pleading her case.

Legal standard

The court explained that a civil litigant has no constitutional right to appointed counsel. Under 28 U.S.C. § 1915(e)(1), however, a court may appoint counsel for an indigent party in exceptional circumstances. In deciding whether exceptional circumstances exist, courts consider the plaintiff’s likely success on the merits and the plaintiff’s ability to explain her claims given the complexity of the legal issues.

Court’s ruling

The court denied Brown’s motion. It was satisfied that Brown could pursue her employment-discrimination claims without a lawyer, regardless of the likelihood of success on the merits. The court noted that Brown had recently represented herself in an employment-discrimination claim in the same district against the same defendant and had submitted a thorough memorandum, 23 exhibits, and seven witness declarations opposing summary judgment. The court concluded that this showed Brown could explain her claims and understood the legal issues.

The court stated that it was sympathetic to Brown’s medical condition, but found that her complaint contained detailed factual allegations and that nothing indicated she was unable to prosecute the case effectively. Brown therefore had not shown the exceptional circumstances required for appointment of counsel. The order disposed of Docket No. 10; it did not decide the merits of Brown’s employment-discrimination claims.