Ibela v. Allied Universal
- Andrew Carter
- 1:20-cv-03800
- U.S. District Court · Southern District of New York
- 2
In Ibela v. Allied Universal, Judge Carter denied Ibela’s request for pro bono counsel without prejudice because the case was too early to assess its merits.
Othman Ibela’s request for pro bono counsel was denied without prejudice; the underlying discrimination claims were not decided.
What happened
Othman Ibela sued Allied Universal under federal, New York State, and New York City laws, alleging that his former employer discriminated against him because of his disability and national origin. He asked the court to request a volunteer lawyer for him.
The court said it was too early to evaluate the strength of Ibela’s case. It denied his request for pro bono counsel without prejudice, meaning he may renew the request later, and directed the Clerk of Court to terminate the motion.
Judge Andrew L. Carter, Jr. issued the order. The order also noted that Ibela had agreed to receive court documents electronically and encouraged him to submit filings by email.
The detailed version
- Ibela v. Allied Universal · No. 1:20-cv-03800
- Andrew Carter
- May 22, 2020
Background
Othman Ibela brought this pro se action, meaning he was representing himself, against Allied Universal. The opinion says he paid the required fees. He asserted claims under the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, and the New York City and New York State Human Rights Laws. He alleged that his former employer discriminated against him based on disability and national origin.
Ibela filed an application asking the court to request pro bono counsel, meaning a lawyer who would represent him without charging him. The court identified three factors relevant to that request: the apparent merits of the case, Ibela’s efforts to find a lawyer, and his ability to gather facts and present the case without assistance. The court said the merits factor receives the most attention.
Ruling
The court denied Ibela’s application to request pro bono counsel without prejudice because the case was too early in the proceedings for the court to assess its merits. The Clerk of Court was directed to terminate the motion. Because the denial was without prejudice, the order permits the request to be renewed later.
Additional Court Instructions
The order noted that Ibela had consented to receive court documents electronically. In light of the then-current global health crisis, the court encouraged him to submit filings by email to the temporary filing address for people representing themselves. The opinion does not state that counsel was appointed or that the underlying discrimination claims were decided.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.