Cruz v. Lee
- Nelson Roman
- 7:14-cv-04870
- U.S. District Court · Southern District of New York
- 3
In Cruz v. Lee, Judge Roman ordered a request for pro bono counsel because pro se plaintiff Herman Cruz’s brain injury limited his ability to pursue his claims.
Herman Cruz, who was representing himself, is the person for whom the court ordered a request for pro bono counsel; the Office of Pro Se Litigation must make that request.
What happened
Herman Cruz filed this civil case without a lawyer against W. Lee and other defendants. The opinion does not describe the underlying claims.
The court reviewed Cruz’s financial application and found that he could not afford counsel. It also privately reviewed his medical records, which showed that a traumatic brain injury limited his ability to continue pursuing the case.
Judge Nelson S. Roman ordered the Office of Pro Se Litigation to request an attorney to represent Cruz through the court’s pro bono process. The order requested counsel rather than naming or requiring a particular attorney to represent him.
The detailed version
- Cruz v. Lee · No. 7:14-cv-04870
- Nelson Roman
- Feb. 17, 2023
Background
Herman Cruz began this action on June 20, 2014, representing himself. Counsel for the defendants informed the court in 2016 that Cruz had suffered a traumatic brain injury that caused bleeding in his head and brain damage. In January 2023, defense counsel provided the court with Cruz’s medical records from Fiddler’s Green Manor Home. The court reviewed those records privately.
Legal standard
Under 28 U.S.C. § 1915(e)(1), a federal court may ask its Office of Pro Se Litigation to seek a volunteer attorney for an indigent person who is representing himself in a civil case. Indigent means unable to afford representation. The court first considers whether the person’s legal position appears likely to have substance. If so, it considers additional factors, including the person’s ability to investigate facts and present the case, the complexity of the legal issues, the need for cross-examination, and whether the person can obtain a lawyer independently.
Court’s analysis
The court determined from Cruz’s application to proceed without paying filing fees that he was indigent. It also found that the other factors supported requesting pro bono counsel. Based on its review of Cruz’s medical records, the court concluded that his injury limited his ability to continue pursuing his claims. The court stated that counsel would help sharpen the issues and lead to a quicker and more just result.
Disposition
Judge Nelson S. Roman ordered the Office of Pro Se Litigation to request an attorney to represent Cruz. The opinion does not identify the underlying claims or appoint a specific attorney.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.