Batista v. New York Police Department
- Katherine Failla
- 1:17-cv-01994
- U.S. District Court · Southern District of New York
- 2
In Batista v. LeClair, Judge Failla continued pro bono counsel for trial after settlement failed.
Shamir Batista and his current pro bono counsel; the case would proceed toward trial if counsel continued.
What happened
In Batista v. LeClair, the court had previously appointed pro bono counsel for Shamir Batista for a settlement conference. The parties did not reach a settlement.
Because the case would proceed to trial, the court found that continued appointed counsel was justified, including to help Batista present his case and conduct questioning of witnesses.
Judge Failla ordered Batista’s current pro bono counsel to tell the court by February 25, 2021, whether they would continue representing him. The order did not decide the underlying claims or set a trial date.
The detailed version
- Batista v. New York Police Department · No. 1:17-cv-01994
- Katherine Failla
- Feb. 11, 2021
Background
The court had previously granted Shamir Batista’s request for pro bono counsel for the limited purpose of representing him at a settlement conference. Pro bono counsel appeared for Batista on October 26, 2020. On February 11, 2021, the court was informed that the parties had been unable to reach a settlement.
Court’s ruling
The court stated that the case would proceed to trial. Applying the factors from Hodge v. Police Officers, the court found that continuing to appoint pro bono counsel was justified. The court emphasized counsel’s importance in helping Batista present his case, conduct cross-examination, sharpen the issues, and shape questioning at trial.
The court ordered Batista’s current pro bono counsel to inform it by February 25, 2021, whether they would continue representing him. The court stated that it would set the case for trial after the counsel issue was resolved. This order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.