Gomez-Kadawid v. Lee

Background

Yahkima Gomez-Kadawid asked the court to seek volunteer counsel to represent him in this action. The complaint asserts a claim under 42 U.S.C. § 1983, a federal civil-rights statute, alleging that while he was in custody at Rikers Island, he was forced to undergo an invasive dental procedure at Bellevue Hospital—the removal of an impacted wisdom tooth under anesthesia—without his consent.

The court stated that the claim may be substantial. It also noted that Gomez-Kadawid is indigent, had been allowed to proceed without paying the filing fee, and was incarcerated in a psychiatric facility with little ability to litigate the case. Two defendants, Drs. Alsaban and Leantt, appeared to be in default because they had been served but had not timely appeared. The United States Marshals Service had apparently been unable to serve Dr. Lee, and the court issued an order requiring the New York City Law Department to provide Dr. Lee’s last-known address to help complete service.

Ruling

The court denied the application for volunteer counsel without prejudice. It found that there was not yet a substantial need for counsel because there was little activity in the case and defendants were not actively litigating. The court said counsel might become appropriate if Dr. Lee were served and appeared to defend the case, particularly for discovery, or if either of the other defendants later appeared and defended against the claims.

The denial could be renewed if circumstances changed. The court also stated that it could reconsider the request on its own if a defendant appeared and engaged in active litigation. Separately, under 28 U.S.C. § 1915(a)(3), the court certified that an appeal would not be taken in good faith and denied permission to proceed without paying appeal fees.

Effect

The order did not decide whether Gomez-Kadawid’s civil-rights claim was valid. It decided only that volunteer counsel was not needed at that stage. The clerk was directed to mail the order to Gomez-Kadawid.