Rattray v. Cadavid
- Paul Gardephe
- 1:17-cv-08560
- U.S. District Court · Southern District of New York
- 4
In Wentworth Rattray v. City of New York, Judge Parker ordered the court to seek volunteer counsel for limited discovery and settlement discussions.
Wentworth Rattray may receive volunteer counsel for limited discovery, depositions, and settlement discussions, but the order does not guarantee that a lawyer will volunteer or provide representation for later dispositive motions.
What happened
In Wentworth Rattray v. City of New York, the plaintiff alleged under a federal civil-rights law that police officers unlawfully searched his home and restrained him. The court had previously allowed him to proceed without paying filing fees and found that his claim was likely substantial.
The court directed the clerk to seek a volunteer lawyer for the limited purposes of conducting certain document discovery and depositions and participating in settlement discussions. The lawyer would not be required to handle a later motion seeking to end the case unless the court expanded the representation.
Judge Katharine H. Parker also explained that volunteer counsel might not be available and that the plaintiff should be prepared to continue without a lawyer. The order denied the plaintiff permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Rattray v. Cadavid · No. 1:17-cv-08560
- Paul Gardephe
- May 14, 2021
Background
Wentworth Rattray brought claims under 42 U.S.C. §§ 1983 and 1988, alleging that police officers unlawfully searched his home and restrained him in violation of his civil rights. The court had granted his request to proceed without paying filing fees, so it found that he qualified as indigent for purposes of seeking volunteer counsel.
Reasoning
The court applied the factors identified by the Court of Appeals for the Second Circuit for requests for pro bono counsel, meaning volunteer legal representation. It found that Rattray’s claim was likely to be substantial and that the other factors also supported assistance. In particular, the court stated that Rattray likely had extensive discovery to review and that counsel could help investigate important facts and address complex legal issues.
Order
The court directed the clerk to seek pro bono counsel for a limited appearance. The representation would cover certain document discovery and depositions, and counsel could also participate in settlement discussions. Counsel would not be required to respond to a motion seeking to dispose of the case unless the court expanded the scope of the representation. Without such an expansion, the representation would end after discovery was completed and counsel filed a notice of completion.
The court stated that civil cases have no funds to retain counsel and that representation depended on a volunteer agreeing to take the case. It also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Disposition
The court granted limited pro bono representation by directing the clerk to attempt to locate volunteer counsel. It also denied fee-free appeal status for an appeal from the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.