Opinion
1:20-cv-8463 (NLH) (SAK)
06-10-2021
RAYMOND LAMAR BROWN, Plaintiff, v. RICHARD SMITH, et al., Defendants.
Raymond Lamar Brown Plaintiff pro se James R. Birchmeier, Esq. Birchmeier & Powell LLC Counsel for Defendants Richard Smith and Jody Hirata Stephen D. Holtzman, Esq. Jeffrey S. McClain, Esq. Holtzman McClain & Londar, PC Counsel for Defendant Dr. Alan Dias
Raymond Lamar Brown Plaintiff pro se
James R. Birchmeier, Esq. Birchmeier & Powell LLC Counsel for Defendants Richard Smith and Jody Hirata
Stephen D. Holtzman, Esq. Jeffrey S. McClain, Esq. Holtzman McClain & Londar, PC Counsel for Defendant Dr. Alan Dias
MEMORANDUM OPINION & ORDER APPOINTING COUNSEL UNDER 28 U.S.C. § 1915
NOEL L. HILLMAN, U.S.D.J.
WHEREAS, Plaintiff Raymond Lamar Brown filed this complaint under 28 U.S.C. § 1915 on July 9, 2020, ECF No. 1; and
WHEREAS, the Court granted Plaintiff's in forma pauperis application and permitted the complaint to proceed, ECF Nos. 2 & 3; and
WHEREAS, the Magistrate Judge denied Plaintiff's prior applications for the appointment of counsel after concluding the factors set forth in Tabron v. Grace, 6 F.3d 147 (3d Cir. 1993) did not support appointing counsel at that time, ECF Nos. 8, 22; and
WHEREAS, Plaintiff is also a class representative in a class action seeking injunctive relief that is pending before this Court, Brown v. Warren, 20-7907. The Court conducted many hours of evidentiary hearings throughout April and May 2021, which included Plaintiff's testimony, on the plaintiffs' request for a preliminary injunction addressing the COVID-19 protocols at the Cumberland County Jail; and
WHEREAS, the parties entered into a consent decree and the Court appointed a special master in the class action to issue a report “containing findings and recommendations . . . regarding the adequacy of COVID-19 protections and procedures at the Cumberland County Jail.” Brown v. Warren, No. 20-7907 (D.N.J. May 13, 2021) (ECF No. 126 at 4-5); and
WHEREAS, Plaintiff Brown's individual complaint concerns many of the same allegations as the pending class action; and
WHEREAS, the Court sua sponte concludes that the interests of justice support appointing counsel at this time, 28 U.S.C. § 1915(e)(1); and
WHEREAS, the Court concludes that the Tabron factors weigh in favor of appointing counsel to represent Plaintiff in this action due to the complexity of the case, discovery challenges, probable need for expert testimony, and Plaintiff's inability to afford counsel on his own, THEREFORE, IT IS on this 10th day of June, 2021
ORDERED that the Clerk shall select an attorney from the civil pro bono panel; and it is further
ORDERED that the selected appointed attorney from the civil pro bono panel shall enter a notice of appearance within fourteen (14) days of the date of his or her appointment; and it is finally
ORDERED that the Clerk shall send a copy of this Order to Plaintiff by regular mail.