Torres v. City of New York

Background

Wilfredo Torres, who was representing himself, alleged that the City of New York, New York City Health and Hospitals, several police officers, and doctors violated his constitutional rights. The court had previously directed the City and New York City Health and Hospitals to identify defendants originally named as John Does. They identified Police Officers Daniel Pearles and Mateusz Hader and Doctor Arkaprava Deb. Torres then filed a second amended complaint on October 9, 2020, and asked the court to appoint pro bono counsel.

Legal standard

The court explained that it cannot force an attorney to represent a person without a lawyer in a civil case. Under 28 U.S.C. § 1915(e)(1), however, the court may use its discretion to ask an attorney from the court’s Pro Bono Panel to represent an indigent litigant. The court must first consider whether the person’s claims appear likely to have merit. If that threshold is met, the court considers additional factors, including whether the person can handle the case without a lawyer and gather and present the facts.

Ruling

The court stated that, at this early stage, it could not conclude that Torres’s claims were likely to have merit, although that assessment could change as the case progressed. Judge Edgardo Ramos therefore DENIED without prejudice Torres’s application for appointment of pro bono counsel. The order allowed possible renewal of the request at a later stage, referred Torres to the New York Legal Assistance Group for advice, and directed the Clerk of Court to terminate the motion.