Schulte v. United States of America

Background

On February 3, 2022, the Government moved to dismiss Schulte’s complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Schulte asked the court to request volunteer counsel to help him respond. The opinion states that Schulte had been granted permission to proceed without paying filing fees and that the Government conceded he lacked access to state-law research materials needed to oppose the motion.

Legal standard

Under 28 U.S.C. § 1915(e)(1), a court may request a lawyer to represent a person who cannot afford counsel. The court explained that it had broad discretion but had to consider whether the claim appeared substantial, the person’s ability to investigate and present the case, the complexity of the legal issues, and any special reason that counsel would help produce a just result. The court also explained that it could not require a lawyer to take the case; it could only request that an attorney volunteer.

Ruling

The court granted the request for pro bono counsel for the limited purpose of opposing the Government’s motion to dismiss. The Clerk of Court was directed to try to locate a volunteer lawyer and mail Schulte a copy of the order. The court warned that there was no funding for lawyers in civil cases, that a volunteer might not be found quickly or at all, and that Schulte should be prepared to proceed without counsel. The court also extended the deadline to file an amended complaint or oppose the motion to dismiss from August 9, 2022, to September 9, 2022. The opinion did not decide the Government’s motion to dismiss.