# BROWN v. SMITH

> District Court, D. New Jersey · June 10, 2021

URL: https://www.frixlaw.com/law-library/cases/10271187

## Case

- **Court:** District Court, D. New Jersey
- **Decided:** June 10, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10271187

## Opinion text

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

RAYMOND LAMAR BROWN, 1:20-cv-8463 (NLH) (SAK)

Plaintiff, MEMORANDUM OPINION
& ORDER APPOINTING COUNSEL
v. UNDER 28 U.S.C. § 1915

RICHARD SMITH, et al.,

Defendants.

APPEARANCES:

Raymond Lamar Brown
48657
Cumberland County Jail
54 W. Broad St.
Bridgeton, NJ 08302

Plaintiff pro se

James R. Birchmeier, Esq.
Birchmeier & Powell LLC
1891 State Highway 50
PO Box 582
Tuckahoe, NJ 08250-0582

Counsel for Defendants Richard Smith and Jody Hirata

Stephen D. Holtzman, Esq.
Jeffrey S. McClain, Esq.
Holtzman McClain & Londar, PC
524 Maple Avenue
Suite 200
Linwood, NJ 08221

Counsel for Defendant Dr. Alan Dias

HILLMAN, District Judge
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.
s/ Noel L. Hillman
At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10271187. Public record. Not legal advice.