Opinion

Carstarphen

Court
District Court, S.D. Alabama
Filed
Jan 21, 2026
Cited by
0 cases
Authority
More cited than 38.2%

setting forth factors for guidance in determining if exceptional circumstances warrant appointment of counsel.

How later courts described this case

  • setting forth factors for guidance in determining if exceptional circumstances warrant appointment of counsel.

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANDRE MAURICE )

CASTARPHEN, JR., )

Plaintiff, )

)

v. ) CIV. ACTION NO. 1:24-0007-KD-N

)

QUEDARIUS BROWN, )

et al., )

Defendants. )

ORDER

Plaintiff Andre Maurice Carstarphen, Jr.,, an Alabama prisoner proceeding

pro se and in forma pauperis, brought this civil action asserting claims under 42

U.S.C. § 1983. After the Defendants filed their Answers and Special Reports as

ordered, the undersigned converted those filings into a motion for summary judgment

under Federal Rule of Civil Procedure 56 and set deadlines for briefing. (See Doc. 49).

On July 7, 2025, the Court, adopting the recommendation of the undersigned, denied

summary judgment on Carstarphen’s claims as to the following:

• Excessive force claims against Officer Quedarius Brown and Sergeant

Donnell Carter. (Doc. 53, PageID.796; Doc. 54, PageID.805).

• Supervisory liability against Warden Noah Price Oliver. (Doc. 53,

PageID.799; Doc. 54, PageID.805).

Upon consideration of this action as it currently stands, the undersigned has

determined that the appointment of counsel would advance the proper

administration of justice. See 28 U.S.C. § 1915(e)(1) (“The court may request an

attorney to represent any person unable to afford counsel.”); Smith v. Fla. Dep’t of

Corr., 713 F.3d 1059, 1065 (11th Cir. 2013) (per curiam) (“While no single factor

requires appointment of counsel, in the aggregate, this case presents exceptional

circumstances that necessitate appointment of counsel.”); Ulmer v. Chancellor, 691

F.2d 209, 213 (5th Cir. 1982) (setting forth factors for guidance in determining if

exceptional circumstances warrant appointment of counsel.). The undersigned finds,

in light of the summary judgment order identified above, that exceptional

circumstances exist for appointment of counsel. Specifically, Carstarphen is indigent

and currently incarcerated, and the evidence at trial will consist—in significant

part—of conflicting testimony that will require the skill of counsel in the presentation

of evidence as well as in cross-examination. Appointment of counsel will also assist

the efficient conduct of discovery for the remaining claims.

As such, it is ORDERED that, N. Stewart Hanley, Esq., an attorney in Mobile,

Alabama, who is duly licensed to practice in this Court, is hereby APPOINTED to

serve as counsel for Carstarphen in this action for all further district court

proceedings in this civil action through entry of final judgment.

The Court will not pay appointed counsel’s attorney fees in connection with

this appointment. Instead, entitlement to attorneys’ fees in this action will be based

on statute and/or the terms of any settlement agreement. However, by standing

order, this Court has created a Special Attorney Admissions Fund for

“[r]eimbursement of pro bono counsel for out-of-pocket expenses, payment of

compensation to pro bono counsel, and payment of witness fees and other expenses

on behalf of indigent pro se civil litigants.” See S.D. ALA. Standing Order No. 16,

Attached Plan for the Administration of the Special Attorney Admissions Fund, ¶

5.F. See also S.D. Ala. CivLR 67.1(a) (“The Special Attorney Admission Fund . . . shall

be maintained by the Clerk to compensate appointed counsel in civil rights actions

for reasonably incurred expenses authorized by prior order of the Judge to whom the

action is assigned. Compensation from the Fund is not authorized for attorney’s fees

or for expenses for which any other source of payment exists”). S.D. Ala. Civil Local

Rule 67.1(c)-(d) provides the procedure for requesting and receiving payment from

the Special Attorney Admissions Fund. Additionally, before coming out-of-pocket to

pay expenses for this litigation, counsel must seek pre-approval of all expenditures

for which he will seek reimbursement from this Court.

The Clerk of Court is DIRECTED to mail a copy of this order to Carstarphen

at his address of record.

DONE and ORDERED this 21st Day of January, 2026.

/s/ Katherine P. Nelson

KATHERINE P. NELSON

UNITED STATES MAGISTRATE JUDGE

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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