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Jackson v. Herron

United States District Court, M.D. Pennsylvania

December 9, 2019

TROY JOHN JACKSON, Plaintiff
v.
SERGEANT HERRON, et al., Defendants

          MEMORANDUM

          ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE

         I. Background

         Plaintiff Troy John Jackson ("Plaintiff"), an inmate housed at the Greene State Correctional Institution in Waynesburg, Pennsylvania, ("SCI-Greene"), initiated the instant action pursuant to 42 U.S.C. § 1983 against several employees of the Pennsylvania Department of Corrections. (Doc. 1). The matter is proceeding via an amended complaint. (Doc. 16). The allegations of the amended complaint pertain to two separate suicide attempts and a verbal assault, (Id.).

         Presently pending before the Court is Plaintiff's second motion to appoint counsel. (Doc. 67). For the following reasons, the motion will be denied without prejudice.

         II. Discussion

         Although prisoners have no constitutional or statutory right to appointment of counsel in a civil case, the Court has discretion "to request an attorney to represent any person unable to afford counsel." 28 U.S.C. § 1915(e)(1); Parham v. Johnson, 126 F.3d 454, 456- 57 (3d Cir. 1997); Montgomery v. Pinchak, 294 F.3d 492, 499 (3d Cir. 2002); Tabron v. Grace, 6 F.3d 147, 153 (3d Cir. 1993). The United States Court of Appeals for the Third Circuit has stated that the appointment of counsel for an indigent litigant should be made when circumstances indicate "the likelihood of substantial prejudice to him resulting, for example, from his probable inability without such assistance to present the facts and legal issues to the court in a complex but arguably meritorious case." Smith-Bey v. Petsock, 741 F.2d 22, 26 (3d Cir. 1984).

         The initial determination to be made by the Court in evaluating the expenditure of the "precious commodity" of volunteer counsel is whether the case has some arguable merit in fact or law. Montgomery, 294 F.3d at 499. If a plaintiff overcomes this threshold hurdle, other factors to be examined are:

(1) the plaintiffs ability to present his or her own case;
(2) the difficulty of the particular legal issues;
(3) the degree to which factual investigation will be necessary and the ability of the plaintiff to pursue investigation;
(4) the plaintiffs capacity to retain counsel on his or her own behalf;
(5) the extent to which the case is likely to turn on credibility determinations; and
(6) whether the case will require testimony from expert witnesses.

Id. (citing Tabron, 6 F.3d at 155-57). The Third Circuit Court of Appeals added two other factors to be taken into consideration: (1) the court's willingness to aid the indigent party in presenting his or her own case; and (2) the available supply of lawyers willing to accept section 1915(e) requests within the relevant ...


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