JENKINS v. CENTURION HEALTH
1:24-cv-00591
S.D. Ind.Jul 2, 2025Background
- Alan W. Jenkins, an incarcerated plaintiff, filed a motion seeking the court's assistance in recruiting pro bono legal counsel for a civil lawsuit against Centurion Health and related defendants.
- There is no constitutional or statutory right to court-appointed counsel in federal civil cases, but courts can request volunteer attorneys under 28 U.S.C. § 1915(e)(1).
- Jenkins demonstrated attempts to obtain counsel independently by contacting multiple attorneys without success.
- The court must determine both whether a plaintiff has made reasonable efforts to obtain counsel and whether the case's complexity exceeds the plaintiff’s capacity to represent himself.
- Jenkins argued the case was too complex for him to handle without counsel, citing difficulties at deposition; however, his filings have been coherent, and he appeared to understand the claims and litigation process.
- The court denied Jenkins’s motion without prejudice, indicating openness to reconsideration if circumstances change, such as at trial or settlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Assistance recruiting counsel | Complexity exceeds Jenkins’s ability | Jenkins is competent to self-rep | Motion denied; Jenkins currently able to represent self |
| Reasonable efforts to obtain counsel | Jenkins has tried contacting attorneys | No argument specified | Jenkins made reasonable effort to secure counsel |
| Competence to litigate | Difficulties shown at deposition | Jenkins understands claims | Jenkins’s filings coherent; competent to proceed |
| Court discretion in recruiting counsel | N/A | Limited pro bono resources | Must be careful stewards; request not warranted now |
Key Cases Cited
- Mallard v. United States District Court, 490 U.S. 296 (Court may request, not require, an attorney to represent an indigent litigant in civil cases)
- Walker v. Price, 900 F.3d 933 (No right to counsel in federal civil cases; courts can only request counsel)
- Olson v. Morgan, 750 F.3d 708 (Limited resources justify careful selection in appointing pro bono counsel)
- Eagan v. Dempsey, 987 F.3d 667 (Establishes two-part inquiry for appointing counsel: plaintiff's effort and capacity)