Mackey v. Bloomfield
- Jacquelyn Corley
- 3:22-cv-05105
- U.S. District Court · Northern District of California
- 1
In Mackey v. Sgt. Baker, Judge Corley denied Mackey’s request for appointed counsel in his civil-rights case.
Vincent Robert Mackey’s request for appointed counsel was denied; the underlying civil-rights case was not resolved by this order.
What happened
Vincent Robert Mackey asked the court to appoint a lawyer to represent him in this civil-rights case against Sgt. Baker and other defendants.
The court explained that civil litigants generally have no right to appointed counsel. It found no exceptional circumstances: the issues were not sufficiently complex, and Mackey appeared able to present his claims effectively. The court denied the motion.
Judge Jacqueline Scott Corley said the court could refer the case for pro bono counsel later if necessary, but ordered Mackey not to request appointment of counsel in that court again.
The detailed version
- Mackey v. Bloomfield · No. 3:22-cv-05105
- Jacquelyn Corley
- Jan. 2, 2024
Background
Vincent Robert Mackey moved for appointment of a lawyer to represent him in this civil-rights case. The opinion does not describe the underlying claims.
Legal standard
The court stated that there is no general right to counsel in a civil case. Under 28 U.S.C. § 1915, a court may request counsel for an indigent litigant only in “exceptional circumstances.” The decision is left to the trial court’s discretion.
Ruling
The court found no exceptional circumstances, and none appeared to be present. At this stage, the issues were not sufficiently complex, and Mackey was not shown to be unable to present his claims effectively. The court therefore denied Mackey’s motion for appointment of counsel.
The court stated that if referral to locate pro bono counsel became necessary later, it would issue a referral order on its own. It also ordered Mackey not to request appointment of counsel in that court again.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.