Hickman v. The City of New York
- Ronnie Abrams
- 1:20-cv-04699
- U.S. District Court · Southern District of New York
- 2
In Hickman v. The City of New York, Judge Abrams arranged service, denied counsel without prejudice, and denied fee-free appeal status.
Quandel Hickman may renew his request for volunteer counsel later, but he was denied fee-free status for an appeal from this order. The City of New York and the identified city departments were notified of the order, and the court requested that the City waive service.
What happened
In Hickman v. The City of New York, Quandel Hickman, who was detained at the Anna M. Kross Correctional Facility on Rikers Island, brought a civil-rights lawsuit against the City of New York. He alleged that the City was deliberately indifferent to inmates’ serious risk of contracting COVID-19.
The court had already allowed Hickman to proceed without paying filing fees at the start of the case. The court directed the Clerk to notify the New York City Department of Correction and the New York City Law Department, and requested that the City waive formal delivery of the lawsuit papers. Hickman also asked the court to request a volunteer lawyer for him.
Judge Ronnie Abrams denied Hickman’s request for counsel without prejudice, meaning he may renew it later, because the case was too early for the court to evaluate its strength. The court also denied fee-free status for any appeal from this order and stated that such an appeal would not be taken in good faith.
The detailed version
- Hickman v. The City of New York · No. 1:20-cv-04699
- Ronnie Abrams
- July 17, 2020
Background
Quandel Hickman, detained at the Anna M. Kross Correctional Facility on Rikers Island, filed a lawsuit against the City of New York under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local government actors. Hickman alleged that the City was deliberately indifferent to a serious risk that inmates would contract COVID-19. The opinion describes Hickman as representing himself.
By an order dated July 9, 2020, the court granted Hickman permission to proceed without paying filing fees at the outset. The opinion notes that prisoners must still pay the full filing fee over time even when granted that permission.
Service on the City
The Clerk of Court was directed to notify the New York City Department of Correction and the New York City Law Department about the order. The court requested that the City of New York waive service of the summons. The order also directed the Clerk to mail Hickman a copy of the order and an information package.
Request for Volunteer Counsel
Hickman applied for the court to request volunteer legal counsel. In considering such a request, the court identified the case’s apparent strength, the plaintiff’s efforts to find a lawyer, and the plaintiff’s ability to investigate and present the case without a lawyer. The court stated that the case was too early for it to assess the merits. It therefore denied Hickman’s application for volunteer counsel without prejudice to renewal at a later time.
Appeal-Fee Ruling and Disposition
The court denied permission to proceed without prepaying fees for an appeal from this order. It certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. Judge Ronnie Abrams ordered service-related notifications and requested waiver of service, denied Hickman’s application for volunteer counsel without prejudice to renewal, and denied fee-free status for an appeal from the order. The opinion did not decide the merits of Hickman’s COVID-19 claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.