Guevara v. NYC Human Resources Administration

Background

Doreen Guevara applied for the court to request counsel to represent her in this civil case. The court had previously granted her request to proceed without paying court fees. Because Guevara stated that her financial circumstances had not changed, the court found that she qualified as financially unable to afford counsel.

Guevara’s complaint asserts claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act, and New York State and New York City human-rights laws. She alleges that she was denied a reasonable accommodation after heart surgery and was discriminated against because of her age.

Legal standard

Under 28 U.S.C. § 1915(e)(1), a court may request—but cannot require—an attorney to volunteer to represent a person who cannot afford counsel in a civil case. Courts must consider such requests sparingly. The court applied factors from Hodge v. Police Officers, including whether the claim appears likely to have substance, the person’s ability to investigate and present the case, the expected need for cross-examination, the complexity of the legal issues, and whether counsel would likely lead to a fairer result.

Court’s reasoning

The court stated that it could not yet determine whether Guevara’s claims were “likely to be of substance.” Because the court had not yet had an opportunity to evaluate the merits of her claims, it also could not conclude that the other factors supported requesting counsel.

Disposition

Judge Woods denied Guevara’s Application for the Court to Request Counsel without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk was directed to terminate the motion at Docket Number 12.