Free Order - District Court of Delaware - Delaware

Case 1:99-cv-00757-JJF Document 162 Filed 12/05/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHERMAN CARTER, :
Plaintiff, j
v. i Civil Action No. 99-757-JJF
COMMISSIONER STANLEY TAYLOR, ;
WARDEN ROBERT SNYDER, and :
RECORDS SUPERVISOR :
REBECCA L. McBRIDE, :
Defendants. ;
MEMORANDUM ORDER
On November 22, 2005, Defendants appealed the Court's
November l0, 2005 Memorandum Order denying Defendants’ request
for judgment in their favor on the basis of qualified immunity
and finding that genuine issues of material fact existed making
resolution of this issue inappropriate on summary judgment. On
December 1, 2005, the Court held an in-court conference with the
parties to discuss the status of this case in light of the
appeal.
The Court noted that in the past, it had denied Plaintiff's
requests for counsel. The record indicates that the Court had
requested representation for Plaintiff, but his case was not
selected by the then—available attorneys. As the Court noted at
the December I conference, Plaintiff has litigated this case
commendably in a prg sg capacity and the issues have been
relatively straightforward as a factual matter. However, given l
the complexities of the legal issues surrounding qualified x
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Case 1:99-cv-00757-JJF Document 162 Filed 12/05/2005 Page 2 of 2
immunity and the current appeal, which brings along a host of
additional procedural and substantive complexities related to
jurisdiction and the like, the Court concludes that counsel is
critical for Plaintiff to proceed at this stage.
Because an appeal has been noticed, the Court will defer to
the Court of Appeals for the Third Circuit to appoint counsel for
Plaintiff to defend this appeal. If, however, the Third Circuit
is unable to obtain representation for Plaintiff through its
panel of available attorneys, the Court will retain jurisdiction
of this case insofar as the appointment of counsel is concerned
so that Plaintiff may petition this Court for an attorney.
NOW THEREFORE, IT IS HEREBY ORDERED that:
I. Petitioner’s request for appointment of counsel is
GRANTED.
2. Petitioner shall notify the Court in writing if an
attorney is not appointed to represent him at the appellate level
so that representation can be secured for Plaintiff through this
Court's Federal Civil Panel.
3. In light of the pending appeal, Plaintiff's Motion In
Limine (D.I. 156) will be DENIED with leave to renew in the event
that this case is remanded for trial.
December 5, 2005 '° ! ki? _‘_&__
DATE E En sure DISTRICT J` '
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