Bromfield v. Bronx Lebanon Special Care Center, Inc.

Background

Lenora Bromfield, who was representing herself, filed an application asking the court to request pro bono counsel, meaning a lawyer without charge. She stated that she did not understand terms used by the court, lacked money to retain an attorney, and had been forced to resign against her will. The court had previously granted her permission to amend her complaint by February 28, 2020.

Ruling

Judge Sarah L. Cave denied Bromfield’s application without prejudice to renewal after she files her amended complaint. The order did not decide the underlying claims against Bronx Lebanon Special Care Center, Inc., or the other defendants.

Reasoning

The court referred to an earlier order stating that Bromfield’s prior request had been denied because the merits of her case were lacking. It explained that a self-represented litigant seeking appointed counsel must first show that the case is likely to have merit or has some chance of success. The court concluded that Bromfield’s renewed application did not provide the required showing. It said the amended complaint could give the court a better basis to evaluate whether the merits standard for appointed counsel was met.

Effect of the Order

Bromfield may renew her request after filing the amended complaint, but this order does not grant counsel. The clerk was directed to close the application and mail Bromfield a copy of the order. The court also identified the New York Legal Assistance Group and the Southern District of New York’s Pro Se Intake Unit as possible sources of information and assistance.