Barnett v. Westchester County

Background

Jerome Barnett, proceeding without a lawyer, brought this action against Westchester County, the Westchester County Department of Corrections Commissioner, Aramark Correctional Services, LLC, and several individuals. The defendants previously moved to dismiss the complaint, and the court granted that motion in its entirety on February 28, 2020. The court allowed Barnett to file an amended complaint by April 9, 2020, and warned that failure to meet the deadline without good cause would result in dismissal of his claims with prejudice.

The court received Barnett’s amended complaint on July 9, 2020. Barnett also asked the court to arrange volunteer legal representation, explaining that pandemic-related restrictions and delays at Cape Vincent Correctional Facility had made it difficult to prosecute the case.

Request for Counsel

Under 28 U.S.C. § 1915(e)(1), a federal court may, in its discretion, ask an attorney from its volunteer panel to represent an indigent person who is proceeding without counsel in a civil case. The court first considers whether the person’s position appears likely to have substance, and then considers factors such as the person’s ability to obtain counsel, the complexity of the case, the need for factual investigation, and the need for specialized cross-examination.

The court found no current indication that Barnett’s position was likely to have substance or that the case presented unusually complex issues requiring volunteer counsel. The court also could not determine that Barnett was unable to handle the case without assistance, although that could change later. It therefore denied Barnett’s application for appointed counsel without prejudice to renewal at a later stage.

Late Amended Complaint and Next Steps

The court considered the pandemic-related difficulties Barnett may have faced in meeting the filing deadline. It accepted the amended complaint as effective as of the original deadline, a procedural treatment that recognizes the filing despite its later receipt. The court directed the defendants to file answers or otherwise respond by August 21, 2020.

Disposition

The order denied Barnett’s application for appointed counsel without prejudice, accepted the late amended complaint, and set a deadline for the defendants’ responses. It did not decide the merits of the claims in the amended complaint.