Damiani v. Gill

Full title: PABLO A. DAMIANI, Plaintiff, v. GEORGE GILL (Sergeant) Defendant

Court: SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

Date published: Jan 26, 2015

C.A. No. N14C-05-186-ALR (Del. Super. Ct. Jan. 26, 2015)

Opinion

C.A. No. N14C-05-186-ALR

01-26-2015

PABLO A. DAMIANI, Plaintiff, v. GEORGE GILL (Sergeant) Defendant

Honorable Andrea L. Rocanelli

Upon Plaintiff's Motion for Appointment of Counsel
DENIED

Self-represented litigants in civil proceedings have no legal or equitable right to appointed counsel.¹ Moreover, when the Court applies the analysis set forth by the Third Circuit Court of Appeals for appointment of counsel, the Court finds that appointment of counsel is neither necessary nor appropriate, as follows: (i) plaintiff has demonstrated the ability to present his own case; (ii) plaintiff is in the nest position to develop the facts on his own behalf; (iii) significant factual investigation is not necessary as plaintiff is likely is own main witness; (iv) the case is likely to turn on credibility determinations; (v) expert testimony will not be required; and (vi) plaintiff's inability to afford counsel is not significant under the circumstances presented.²

1 Montgomery v. Pinchak, 294 F.3d 492, 498 (3d Cir. 2002) ("Indigent civil litigants possess neither a constitutional nor a statutory right to appointed counsel."); Parham v. Johnson, 126 F.3d 454, 456-57 (3d Cir. 1997); Boulware v. Battaglia, 344 F. Supp. 889, 903 (D. Del. 1972).

2 Parham, 126 F.3d at 457 (delineating the criteria under which an indigent litigant is entitled to have counsel appointed as developed in Tabron v. Grace, 6 F.3d 147, 155-56, 157 n.5 (3d Cir. 1993)).
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NOW, THEREFORE, this 26^th day of January, 2015 Plaintiff's Motion for Appointment of Counsel is hereby DENIED.

IT IS SO ORDERED.

Andrea L. Rocanelli

Honorable Andrea L. Rocanelli