Jones v. Capella University

Background

Latreka Jones was representing herself in a case against Capella University and other defendants. She alleged that the defendants wrongfully prevented her from completing her studies and earning a degree. In a January 27, 2020 letter, she asked the court to appoint an attorney. The opinion notes her financial hardship and other difficulties.

Request for appointed counsel

The court explained that, unlike in criminal cases, civil litigants generally do not have a constitutional or statutory right to appointed counsel. A court may nevertheless appoint counsel for a qualifying civil plaintiff in its discretion. The court considered whether the case would benefit from counsel, including the factual and legal complexity, the plaintiff’s ability to investigate the facts, whether conflicting testimony existed, and the plaintiff’s ability to present her claims.

After reviewing the record, the court concluded that appointment of counsel was not warranted at that time. It found that the factual and legal issues did not appear especially complex, the case was not yet at a stage involving conflicting testimony, there was no indication that Ms. Jones could not investigate the facts, and her written submissions showed that she could effectively present her claims. The court therefore denied her request for appointment of counsel without prejudice, allowing her to renew the request if circumstances changed.

Referral and stay

The court said it would separately refer Ms. Jones to the Federal Bar Association’s Pro Se Project. The project attempts to connect unrepresented litigants with volunteer attorneys for consultations, but it does not guarantee that an attorney will agree to represent a litigant.

The defendants had filed a motion to dismiss, and Ms. Jones had filed a response; the defendants had not yet filed a reply. This order did not decide that motion. Magistrate Judge Katherine Menendez stated that the motion to dismiss would be handled by Judge David S. Doty and that both judges agreed the case should be temporarily stayed for 45 days while the project attempted to connect Ms. Jones with a volunteer attorney. The order stated that the court would revisit the matter by June 8, 2020, to determine the next steps and communicate case-management decisions.

Disposition

The court denied Ms. Jones’s request for appointed counsel without prejudice and stayed the case for 45 days. The order was signed by Katherine Menendez, United States Magistrate Judge.