Caldwell v. Officer German Geronimo

Background

Boisey Caldwell brought this civil-rights action under 42 U.S.C. § 1983 against Officer German Geronimo, alleging violations of his constitutional rights. Caldwell had been representing himself throughout the case. An earlier order by Judge Katherine P. Failla denied Caldwell’s request for summary judgment and granted in part and denied in part Geronimo’s request for summary judgment. The earlier order left Caldwell’s excessive-force claim for trial.

On February 8, 2022, Caldwell filed a motion asking the court to appoint counsel. He stated that he was disabled, received Supplemental Security Income, and lived in supportive housing. The court reviewed his prior financial documentation and found that he was indigent, meaning unable to afford a lawyer.

Legal standard

The court explained that people representing themselves are generally entitled to have their filings read liberally, but people in civil cases do not have a constitutional right to a lawyer. A court may ask volunteer lawyers to represent an indigent litigant when the litigant’s position appears likely to have substance. The court considers factors including the apparent merits of the case, the person’s ability to pay, efforts to find a lawyer, the availability of counsel, the complexity of the issues, the need for investigation and cross-examination, and whether a lawyer would help produce a fair result.

Discussion and ruling

The court found that these factors supported appointing counsel. It relied in part on the fact that Caldwell’s excessive-force claim had survived Geronimo’s motion for summary judgment and that the trial would require resolving factual and legal questions. The court also found that legal assistance would be especially useful at trial, where presenting the case and questioning witnesses would be important.

Judge Sarah L. Cave granted Caldwell’s motion. The Clerk of Court was directed to attempt to locate limited pro bono counsel—that is, a volunteer lawyer—to represent Caldwell at trial and the upcoming final pretrial hearings and to assist him with settlement negotiations leading to trial. The court stated that it relies on volunteers and has no funds to retain lawyers in civil cases, so it gave no guarantee that a volunteer would accept the case. The order did not decide the merits of Caldwell’s excessive-force claim.