Opinion

Brown v. Branch

Court
District Court, W.D. Washington
Filed
Jul 24, 2025
Cited by
0 cases
Authority
More cited than 38.2%

The opinion

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

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8 DARREN B. BROWN,

9 Plaintiff, CASE NO. 2:25-cv-01055-LK-BAT

10 v. ORDER DENYING PLAINTIFF’S

MOTION FOR APPOINTMENT OF

11 BRANCH, C. BLOOD, and NUA, King COUNSEL, DKT. 11.

County Corrections Officers,

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Defendant.

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Plaintiff, a prisoner at the Coyote Ridge Corrections Center filed a pro se civil rights

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complaint against King County Jail corrections officers alleging they used excessive force in

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2022. See Complaint at Dkt. 5. The Court, has reviewed the Plaintiff’s motion and the record and

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ORDERS as follows:

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(1) The Court DENIES without prejudice Plaintiff’s motion for counsel. Dkt. 11. A

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person filing a civil lawsuit generally has no right to counsel. See Campbell v. Burt, 141 F.3d

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927, 931 (9th Cir. 1998). The Court may appoint counsel for an indigent civil litigant but only if

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“exceptional circumstances” exist. Agyeman v. Corrections Corp. of Am., 390 F.3d 1101, 1103

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9th Cir. 2004). To determine if “exceptional circumstances” exist, the Court considers the

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likelihood of success on the merits, and the ability of Plaintiff to articulate his claims pro

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se given the complexity of the legal issues involved. Weygandt v. Look, 718 F.2d 952, 954 (9th

1 Cir. 1983).

2 Plaintiff argues the Court should appoint counsel because he has limited access to the law

3 library; it is difficult to conduct discovery while detained, his rights were “seriously violated,”

4 and counsel should be appointed under Gideon v. Wainwright. Plaintiff’s rationale for

5 appointment of counsel applies to a significant number of pro se prisoner lawsuits and thus does

6 not constitute an exceptional circumstance. Further, Plaintiff alleges Defendants beat him. He

7 has thus far been able to articulate his claims for relief despite his claimed limitations, and it is

8 too early to determine the merits of the allegation.

9 (2) The Clerk shall provide a copy of this Order to the parties.

10 DATED this 24th day of July, 2025.

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BRIAN A. TSUCHIDA

United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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