Blanch v. Schiff

Background

Isaiah Blanch, representing himself in this civil case, filed applications dated July 26 and August 12, 2020, asking the court to appoint pro bono counsel—a lawyer to represent him without charge. The request concerned representation in Blanch’s case against Michael A. Schiff and the other named defendants, who were sued individually and in their official capacities.

Legal standard

The court explained that, unlike in a criminal case, it cannot force a lawyer to represent an indigent person in a civil case. Under 28 U.S.C. § 1915(e)(1), however, the court may ask its Pro Se Office to seek a volunteer lawyer from the court’s pro bono panel.

Before doing so, the court must first decide whether the self-represented litigant’s position appears likely to have substance. If that threshold is met, the court considers additional factors, including whether the person can obtain a lawyer independently, whether the person can handle the case without assistance, the factual investigation required, the complexity of the legal issues, and whether skilled cross-examination is needed. The court also noted that counsel is often not warranted when the person’s chances of success are extremely slim, even if the claim is not frivolous.

Ruling

The court found that the proceedings were still in their early stages. The parties had not yet entered discovery or filed summary-judgment motions. For that reason, the court could not conclude that Blanch was unable to handle the case without assistance. The court also could not yet determine that Blanch’s position showed a strong chance of success, and it found that the legal issues were not particularly complex.

Judge Nelson S. Roman therefore denied Blanch’s motion without prejudice to renewing it at a later stage of the proceedings. The Clerk of Court was directed to mail Blanch a copy of the order at the address listed in the court’s electronic filing system and to show proof of service.