By: Daily Record Staff//April 10, 2013
By: Daily Record Staff//April 10, 2013//
U.S. District Court, WDNY
Pro Bono Appointment
Non-complex Case — Difficulty in Finding Witnesses
Belile v. John Doe, et al.
Background: The plaintiff commenced an action alleging the defendant used excessive force and assaulted him in violation of his Eighth Amendment constitutional rights. The plaintiff moved for the appointment of pro bono counsel.
Ruling: The District Court granted the motion. The court found that the plaintiff had already been granted in forma pauperis status. Further, the plaintiff’s claims were meritorious. Finally, the plaintiff indicated that he was denied permission to contact his witnesses by inmate to inmate mail. Given the plaintiff’s problems contacting witness, pro bono counsel would be appointed despite the non-complexity of the case.
Joseph Belile, pro se; J. Richard Benitez of the New York State Office of the Attorney General for the defendant