Torres v. City of New York

Background

Wilfredo Torres, representing himself, brought a civil-rights action under 42 U.S.C. § 1983 against the City of New York, Police Lieutenant Neil Veras, and Police Officers Patricia De Jesus, Dioasky Pena, Mateasz Hader, and Daniel Pearles. He alleged that the defendants violated his federal and constitutional rights when they entered his apartment on February 27, 2019, and transported him to the New York City Health and Hospitals Corporation Bellevue Hospital Center.

On December 6, 2022, Torres asked the court to arrange for a volunteer attorney to represent him.

Legal Standard

The court explained that federal courts cannot require attorneys to represent people in ordinary civil cases. Under 28 U.S.C. § 1915(e)(1), however, the court may use its discretion to ask the court’s Pro Bono Panel to provide a volunteer attorney.

In deciding whether to make that request, the court considers whether the claims appear likely to have merit and whether the self-represented litigant can investigate the facts and present the case without legal assistance. The court must first decide whether the litigant’s position appears likely to be substantial. If that threshold is met, the court considers additional factors, including the person’s ability to handle the case without assistance.

Ruling

The court stated that, at that stage of the case, it could not conclude that Torres’s claims were likely to have merit. It noted that this assessment could change as the litigation progressed. The court therefore denied without prejudice Torres’s application for appointment of pro bono counsel, allowing the request to be renewed later. The order did not decide the merits of Torres’s claims against the defendants.