Jackson v. Pagan
- Vincent Briccetti
- 7:20-cv-05176
- U.S. District Court · Southern District of New York
- 1
In Jackson v. Pagan, Judge Briccetti denied Thomas Jackson’s request for a court-appointed lawyer without prejudice.
Thomas Jackson’s request for appointed counsel was denied without prejudice; his underlying retaliation claims against Sergeant E. Pagan were not decided in this order.
What happened
Jackson v. Pagan concerns Thomas Jackson’s claims that Sergeant E. Pagan retaliated against him for filing grievances while Jackson was incarcerated at Sing Sing Correctional Facility. Jackson was representing himself and asked the court to appoint a lawyer.
The court considered the type and complexity of the case, the apparent strength of Jackson’s claims, and his ability to present the case himself. It found no exceptional circumstances requiring appointed counsel at that time.
Judge Briccetti denied Jackson’s request without prejudice, allowing him to renew it at an appropriate time in the future. The court also ruled that any appeal would not be taken in good faith and denied Jackson permission to proceed without paying fees for an appeal.
The detailed version
- Jackson v. Pagan · No. 7:20-cv-05176
- Vincent Briccetti
- Jan. 22, 2021
Background
Thomas Jackson, proceeding without a lawyer and without paying filing fees, brought claims under 42 U.S.C. § 1983, a federal law that allows claims against state actors for violations of federal rights. Jackson alleged that Sergeant E. Pagan retaliated against him for filing grievances while Jackson was incarcerated at Sing Sing Correctional Facility.
On January 21, 2021, Jackson asked the court to appoint a lawyer to represent him.
Court’s Analysis
The court considered the type and complexity of the case, the merits of Jackson’s claims, and Jackson’s ability to present the case. Applying 28 U.S.C. § 1915(e)(1), the court found that exceptional circumstances did not justify appointing counsel at that time.
Ruling
The court denied Jackson’s request for appointed counsel without prejudice, meaning he may renew the request at an appropriate time in the future. The court also certified that any appeal from the order would not be taken in good faith and denied Jackson permission to proceed without paying fees for an appeal. Judge Vincent L. Briccetti signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.