Johnson v. City of New York
- Vernon Broderick
- 1:21-cv-10535
- U.S. District Court · Southern District of New York
- 2
In Johnson v. City of New York, Judge Broderick denied counsel appointment without prejudice and denied Johnson’s $2 million compensation motion.
Glenn Johnson’s requests for appointed counsel and $2,000,000 in compensation were denied; the counsel ruling was without prejudice to renewal.
What happened
In Johnson v. City of New York, Glenn Johnson asked the court to appoint a volunteer lawyer and separately sought $2,000,000 in compensation.
The court said it needed a more complete record about Johnson’s claims before deciding whether they appeared strong enough to justify appointing counsel. The opinion also considered the limited availability of volunteer lawyers.
Judge Vernon S. Broderick denied Johnson’s request for counsel without prejudice, allowing him to renew it if he later demonstrates a potentially meritorious claim. The judge also denied Johnson’s motion for $2,000,000 in compensation.
The detailed version
- Johnson v. City of New York · No. 1:21-cv-10535
- Vernon Broderick
- Feb. 9, 2022
Background
Glenn Johnson, who was representing himself, asked the court to appoint pro bono counsel, meaning a lawyer who would volunteer to represent him. He also filed a motion seeking $2,000,000 in compensation.
Appointment of Counsel
The court explained that deciding whether to appoint counsel requires consideration of the merits of the plaintiff’s case, the plaintiff’s ability to pay for private counsel, efforts to obtain a lawyer, the availability of counsel, and the plaintiff’s ability to gather facts and address the issues without assistance. Before considering those factors, the plaintiff must show that the claim has substance or a likelihood of success.
The court found that a more fully developed record about the facts of Johnson’s claims was necessary before it could determine whether his chances of success justified appointing counsel. The court therefore denied Johnson’s application for appointment of counsel without prejudice to renewal when a potentially meritorious claim could be demonstrated, including after discovery closes.
Compensation Motion and Disposition
Judge Vernon S. Broderick also denied Johnson’s motion seeking $2,000,000 in compensation. The clerk was directed to mail the order to Johnson at his updated address.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.