Webster v. Sheriff Peterson
9:24-cv-00165
D. Mont.May 2, 2025Background
- Darren James Webster, an incarcerated plaintiff, filed a civil lawsuit under 42 U.S.C. § 1983 in the District of Montana.
- Webster filed a motion requesting the appointment of counsel to represent him.
- The Court notes no constitutional right to counsel exists for civil litigants under § 1983, and appointment is only considered in exceptional circumstances.
- A bankruptcy stay was entered regarding Wellpath, LLC, which employed one of the defendants, Nurse Kelly.
- Claims against Nurse Kelly are legally and factually distinct from those against Sgt. Moden, another defendant.
- The Court decided to sever the claims to allow the case against Sgt. Moden to proceed, while staying proceedings against Nurse Kelly due to bankruptcy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appointment of counsel | Requests counsel due to inability to represent self | Threshold for appointment unmet | Denied, no exceptional circumstances |
| Severance of claims | Not specified | Claims against defendants distinct | Claims severed for efficiency |
| Stay as to Nurse Kelly/Wellpath | Not specified | Bankruptcy stay requires stay | Claims against Kelly stayed |
| Proceed against Sgt. Moden | Not specified | No prejudice in proceeding | Claims against Moden to proceed |
Key Cases Cited
- Rand v. Rowland, 113 F.3d 1520 (9th Cir. 1997) (no constitutional right to counsel for civil § 1983 litigants)
- Mallard v. United States Dist. Court, 490 U.S. 296 (1989) (courts may only request, not compel, counsel for indigent plaintiffs)
- Terrell v. Brewer, 935 F.2d 1015 (9th Cir. 1991) (exceptional circumstances required for appointment of counsel)
- Coleman v. Quaker Oats Co., 232 F.3d 1271 (9th Cir. 2000) (court's broad discretion to sever claims and parties for efficient resolution)