Mercer v. New York City Housing Authority
- Lewis Liman
- 1:22-cv-02271
- U.S. District Court · Southern District of New York
- 1
In Mercer v. New York City Housing Authority, Judge Liman denied without prejudice Mercer’s request for pro bono counsel while a dismissal motion remained pending.
Robert Mercer’s request for appointed pro bono counsel was denied without prejudice; the opinion does not decide the pending motion to dismiss or the merits of his claims.
What happened
In Mercer v. New York City Housing Authority, Robert Mercer asked the court to appoint a volunteer lawyer to represent him. The case was still at an early stage, and the court had not decided the legal issues in the case.
Mercer’s amended complaint was filed on July 27, 2022. The Housing Authority’s motion to dismiss had been fully submitted, but the court had not yet ruled on it. The court explained that requests for volunteer counsel are rarely granted early in a case, usually before the court has ruled on the merits.
Judge Lewis J. Liman denied Mercer’s request without prejudice. This means the request was denied at that time, but Mercer may renew it if the complaint survives the motion to dismiss.
The detailed version
- Mercer v. New York City Housing Authority · No. 1:22-cv-02271
- Lewis Liman
- Nov. 10, 2022
Background
Robert Mercer applied for appointment of pro bono counsel, meaning a lawyer who would represent him without charging him. The application was filed at an early stage of the case. Mercer’s amended complaint was filed on July 27, 2022, and the New York City Housing Authority’s motion to dismiss was fully submitted but had not yet been decided.
Legal standard
The court cited the factors from Hodge v. Police Officers for deciding whether to ask an attorney to represent a person who cannot afford counsel. Those factors include whether the claims appear likely to have substance, whether the case requires substantial factual investigation, the person’s ability to present the case, whether credibility disputes or cross-examination will be important, the complexity of the legal issues, and any special reason appointment would help produce a fair result. The court also noted that requests for pro bono counsel are rarely granted at the early stages of a case and usually are not granted before a decision on the merits.
Ruling
Judge Lewis J. Liman denied the application without prejudice. The court stated that the request could be renewed if Mercer’s complaint survives the pending motion to dismiss. The order did not decide the motion to dismiss or the merits of Mercer’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.