Larson v. Minnesota Sex Offender Program, the

Background

The court had previously granted Hollis J. Larson, a client of the Minnesota Sex Offender Program, permission to file an amended complaint. The court had postponed deciding Larson’s motion to appoint counsel until after the deadline for filing that complaint. Larson timely filed the amended complaint on November 10, 2022.

Permission to Proceed Without Prepaying Fees

The court reviewed the amended complaint under 28 U.S.C. § 1915(e)(2)(B) and concluded that Larson had alleged a colorable basis for relief. The court therefore granted Larson’s application to proceed without prepaying filing fees, commonly called proceeding in forma pauperis. The court directed that service of process be completed under 28 U.S.C. § 1915(d), while noting that the defendants could still challenge whether the complaint adequately stated claims.

The order requires Larson to complete and return a Marshal Service Form for each defendant within 30 days. If he does not, the court will recommend dismissing the matter without prejudice for failure to prosecute. After receiving the forms, the Clerk of Court must seek service waivers from defendants sued in their personal capacities. The U.S. Marshals Service must serve defendants sued in their official capacities as agents of the State of Minnesota. A defendant sued personally who does not return a service waiver without good cause may be required to pay later service expenses.

Motion to Appoint Counsel

The court denied Larson’s motion to appoint counsel. It explained that an unrepresented civil litigant does not have an automatic statutory or constitutional right to appointed counsel. The court considered Larson’s ability to present his claims, the case’s complexity, the existence of conflicting testimony, and his ability to investigate the facts.

The court noted that Larson was a frequent and experienced litigant in the District of Minnesota and that his motion and supporting memorandum were well argued and included relevant citations. Although the court accepted that medical problems affected Larson’s concentration and focus, it found that those problems had not prevented him from actively participating in prior lawsuits. The court also found that the claims were not complex, that no testimony had been developed, and that obtaining discovery from events occurring within the Minnesota Sex Offender Program should not be unduly difficult.

Disposition

The court granted Larson’s application to proceed without prepaying filing fees, ordered the steps needed for service of process, and denied his motion to appoint counsel. Dulce J. Foster signed the order as United States Magistrate Judge.