Jackson v. Patzkowski

Opinion

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE

8 KYNTREL JACKSON, CASE NO. C18-1508 RSM

9 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO APPOINT COUNSEL 10 v.

11 SHAWNA PATZKOWSKI, ET AL.,

12 Defendants.

13 14 This matter comes before the Court on Plaintiff Jackson’s Motion to Appoint Counsel, 15 Dkt. #210. Defendants oppose this Motion. Dkt. #211. 16 Generally, a person has no right to counsel in a civil action. See Campbell v. Burt, 141 17 F.3d 927, 931 (9th Cir. 1998). In certain “exceptional circumstances,” the Court may request the 18 voluntary assistance of counsel for indigent civil litigants under 28 U.S.C. § 1915(e)(1). Agyeman 19 v. Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When determining whether 20 “exceptional circumstances” exist, the Court considers “the likelihood of success on the merits 21 as well as the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of 22 the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Neither factor 23 is dispositive, and they must be viewed together before reaching a decision on a request for 24 counsel. Id. 1 The Court previously denied Mr. Jackson’s request for counsel “at this time” given that 2 he had “not shown a likelihood of success on the merits” and appeared “able to articulate his 3 claims pro se—as evidenced by his complaint and motion for appointment of counsel—given 4 that the legal issues are not particularly complex.” Dkt. #93 at 3. The Court noted Mr. Jackson’s 5 “mental health difficulties” and pointed out that he “may ask the Court for additional time to file

6 and respond to motions if his mental health issues prevent him from meeting any deadlines.” Id. 7 The situation in this case has changed. Some of Mr. Jackson’s claims have survived a 8 dispositive motion and the parties are preparing for trial. His ability to articulate his claims, 9 given his mental health, is not entirely clear. He cannot simply request additional time during 10 trial. Defendants fail to address Mr. Jackson’s education level or mental health concerns. 11 Given the above, the Court finds that there are exceptional circumstances present here 12 and will grant the requested relief and appoint counsel pursuant to the Plan of the United States 13 District Court for the Western District of Washington for the Representation of Pro Se Litigants 14 in Civil Rights Actions and the Court’s Rules Governing Pro Bono Panel (the “Rules”). The

15 Court will take the necessary steps to contact the Pro Bono Panel. 16 Accordingly, Plaintiff Jackson’s Motion to Appoint Counsel, Dkt. #210, is GRANTED. 17 The Court further finds that the trial date in this matter must be continued in order to provide 18 Plaintiff’s counsel an opportunity to prepare. The current trial date is STRICKEN and will be 19 reset by the Court after counsel is secured. 20 IT IS SO ORDERED. 21 DATED this 30th day of November, 2022. 22 A 23 RICARDO S. MARTINEZ 24 UNITED STATES DISTRICT JUDGE