Harper v. Bolton

57 F. Supp. 3d 889, 2014 WL 3586201, 2014 U.S. Dist. LEXIS 98297
CourtDistrict Court, N.D. Illinois
DecidedJuly 21, 2014
DocketNo. 1:13-cv-08595, No. 1:13-cv-09265, No. 1:14-cv-01984, No. 1:14-cv-01986, No. 1:14-cv-00848
StatusPublished
Cited by51 cases

This text of 57 F. Supp. 3d 889 (Harper v. Bolton) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harper v. Bolton, 57 F. Supp. 3d 889, 2014 WL 3586201, 2014 U.S. Dist. LEXIS 98297 (N.D. Ill. 2014).

Opinion

Memorandum Opinion and Order

JEFFREY COLE, UNITED STATES MAGISTRATE JUDGE

INTRODUCTION

The plaintiff, currently in custody in a maximum security tier at the Cook County Jail, has brought five pro se civil rights [891]*891actions pursuant to 42 U.S.C. § 1983.1 The plaintiff alleges that several Cook County Department of Corrections (“CCDOC”) officers and employees violated his constitutional rights by: ignoring his warnings that his cellmate’s behavior posed a risk to his safety, which led to plaintiff being stabbed by his cellmate in his left forearm; (13 C 8595 Dkt. 6); by inadequately treating pain caused by a pre-existing hernia (13 C 9265 Dkt. 6); inadequately treating pain in his left eye (14 C 1984 Dkt. 5); causing ankle soreness and swelling by confiscating his medically prescribed, orthopedic shoes (14 C1986 Dkt. 5); and inadequately treating pain in his left shoulder (14 C 0848 Dkt. 8).

The plaintiff has filed five motions for appointment of counsel—recruitment is the appropriate term—in each of the cases because he is unable to afford counsel. See (13 C 8595 Dkt. 29), (13C 9265 Dkt. 12), (14 C 1984 Dkt.ll), (14C 1986 Dkt. 10), (14C 0848 Dkt. 12). The- motions, which are skillfully drafted, reflect an awareness of the principles governing motions for the recruitment of counsel. They allege that the plaintiff’s imprisonment will' greatly limit his ability to litigate, that the issues involved are complex and will require significant research and investigation and that plaintiff has limited access to the law library and limited knowledge of the law. The motions also contend that a trial in these cases would “likely involve” conflicting testimony and counsel would “better enable plaintiff to present evidence and help in matters of which plaintiff may not be legally competent and aware.” (Pl.’s Mot. ¶ 4) (Dkt.29,12,10,12).

Judge Tharp has referred the motions here for decision. See 28 U.S.C. 1 § 636(b)(1)(A); Rule 72(a), Federal Rules of Civil Procedure.

B.

Analysis

1.

There is no constitutional or statutory right to counsel in federal civil litigation. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir.2007) (en banc); Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir.2010); McKinley v. Harrington, 2014 WL 1292798, *16 (N.D.Ill.2014)(Tharp, J.). Nevertheless, an indigent litigant may request that counsel be recruited for him pursuant to 28 U.S.C. § 1915(e)(1). Pruitt, 503 F.3d at 654. Deciding whether to recruit counsel “ ‘is a difficult decision: Almost everyone would benefit from having a lawyer, but there are too many indigent litigants and too few lawyers willing and able to volunteer for these cases.’ Consequently, ‘[district courts are ... placed in the unenviable position of identifying, among the sea of people lacking counsel, those who need counsel the most.’ ” Henderson v. Ghosh, 755 F.3d 559, 564, 2014 WL 2757473, *4 (7th Cir. 2014) (citations omitted).

The language of § 1915(e)(1) is “entirely permissive” and does not suggest a “congressional preference for recruitment of counsel in any circumstance or category of case.” Pruitt, 503 F.3d at 654. Indeed, even in cases reversing a district judges’s refusal to enlist counsel, the Seventh Circuit has stressed that the reversal must not be construed as manifesting a judicial preference for counsel. As the Court has forcefully reminded, decisions on the issue of recruitment of counsel are limited by the unique facts and cireum-[892]*892stances of each case, and thus any particular “holding, like a special railroad fare, is limited to this day and this train only.” Santiago v. Walls; 599 F.3d 749, 766 (7th Cir.2010) (emphasis in original). Accord Bracey v. Grondin, 712 F.3d 1012, 1018, n. 4 (7th Cir.2013).

Thus, while the majority in Santiago, concluded that counsel was necessary under the particular facts of the case,2 it rejected “the dissent’s suggestion that our colleagues in the district court will read this case as placing a ‘thumb on the scale’ in favor of recruitment” and pointedly said that the dissent’s prediction that district judges would henceforth feel obligated to routinely recruit counsel “misapprehends our holding and underestimates our colleagues on the district bench.” 599 F.3d at 762, 766 n. 15.

The requirement that counsel be recruited is not determined by the precise classification, category, or nature of the claim being made. Santiago, supra. Rather, decisions under § 1915(e)(1) involve an exercise of the informed discretion possessed by the district court. Santiago; Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir.2006).3 When confronted with a request under § 1915(e)(1) for pro bono counsel, the threshold inquiry is whether the plaintiff made a reasonable attempt to obtain counsel or has been effectively precluded from doing so. There is no bright-line rule as to what constitutes a reasonable attempt. Nor could there be since in all contexts reasonableness is a flexible concept that depends on circum-'stanees. Cf. American Nat. Bank and Trust Co. v. Hoyne Industries, Inc., 966 F.2d 1456, 1992 WL 116375, *7 (7th Cir. 1982); Shields v. Burge, 874 F.2d 1201, 1204 (7th Cir.1989). The inherent flexibility of the reasonableness analysis necessitates a case-by-case basis assessment.

Mr. Harper’s motions demonstrate that he has made reasonable efforts to obtain private counsel. (Pl.’s Mot., ¶2) (Dkt.ll). Four lawyers have declined to take his case without payment.4 Each of the named attorneys is known to the court to take cases on a contingency fee basis, and it is therefore fair to assume all were unwilling to take the plaintiffs cases on that basis. While the plaintiffs submission could have been more informative on the question of his attempts to recruit private counsel, I think it is sufficient.

2.

We turn then to the second inquiry under Pruitt, which is whether, given the legal and factual complexities of the case, the plaintiff is competent to develop the [893]*893evidence and coherently present it to a judge or jury. Pruitt, 503 F.3d at 655. “We ... examine both the difficulties posed by the particular case and the capabilities of the plaintiff to litigate such a case.” Santiago, 599 F.3d at 761; Pruitt, 503 F.3d at 654-55; Henderson, 755 F.3d at 565, 2014 WL 2757473, *5.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Winters v. Bedford
E.D. Wisconsin, 2025
Gladney v. Silva
E.D. Wisconsin, 2025
Stevenson v. Luetcher
E.D. Wisconsin, 2025
Williams v. Cooper
E.D. Wisconsin, 2025
Smith v. Ransbottom
E.D. Wisconsin, 2025
Gidarisingh v. Dobbins
E.D. Wisconsin, 2025
Johnson v. Leberak
E.D. Wisconsin, 2025
Flowers v. Coats
E.D. Wisconsin, 2025
May v. Summers
E.D. Wisconsin, 2024
Flowers v. Jeanpierre
E.D. Wisconsin, 2024
Lee v. Andrychowicz
E.D. Wisconsin, 2024
Banks v. Loria
E.D. Wisconsin, 2024
Jennings v. Dombeck
E.D. Wisconsin, 2024
Sellers v. Thompson
E.D. Wisconsin, 2024
Baker v. Buesgen
E.D. Wisconsin, 2024
Freer v. Lincoln
E.D. Wisconsin, 2024

Cite This Page — Counsel Stack

Bluebook (online)
57 F. Supp. 3d 889, 2014 WL 3586201, 2014 U.S. Dist. LEXIS 98297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-bolton-ilnd-2014.