Evans v. The City of Yonkers

Background

Ivan Evans filed a civil-rights action under 42 U.S.C. § 1983 against the City of Yonkers, Yonkers Police Officer McDonald, and Yonkers Police Officer Moran. Evans was proceeding without a lawyer. The case began on January 25, 2019. The defendants filed an answer on May 9, 2019.

Request for counsel

Evans submitted his first request for appointment of volunteer legal counsel, dated January 29, 2020. Under 28 U.S.C. § 1915(e)(1), the court may, in its discretion, ask an attorney from its volunteer panel to represent an eligible person who cannot afford counsel in a civil case.

The court applied the standard requiring it first to consider whether the person’s position appears likely to have substance, and then, if that threshold is met, to consider factors such as the person’s ability to obtain representation, the ability to handle the case without assistance, the need for factual investigation, the complexity of the legal issues, and the need for skilled cross-examination.

Court’s reasoning

The court found that the request came too early in the litigation. No discovery or motion practice had occurred. At that point, the court found no indication that Evans’s position showed a strong chance of success or that the legal issues were particularly complex. Although Evans stated that he was “ignorant to the law,” the court could not conclude at that time that he was unable to handle the case without assistance. The court noted that this assessment could change as the case progressed.

Ruling

Judge Nelson S. Roman denied Evans’s request for appointment of volunteer counsel without prejudice to renewing it at a later stage of the proceedings. The Clerk of Court was directed to mail Evans a copy of the order at the address listed in the court’s filing system and to record proof of service.