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Damiani v. Gill

Superior Court of Delaware, New Castle

January 26, 2015

PABLO A. DAMIANI, Plaintiff,
v.
GEORGE GILL (Sergeant) Defendant

Submitted: January 23, 2015

Upon Plaintiff's Motion for Appointment of Counsel DENIED

Honorable Andrea L. Rocanelli, Judge

Self-represented litigants in civil proceedings have no legal or equitable right to appointed counsel.[1] Moreover, when the Court applies the analysis set forth by the Third Circuit Court of Appeals for appointment of counsel, the Court finds that appointment of counsel is neither necessary nor appropriate, as follows: (i) plaintiff has demonstrated the ability to present his own case; (ii) plaintiff is in the nest position to develop the facts on his own behalf; (iii) significant factual investigation is not necessary as plaintiff is likely is own main witness; (iv) the case is likely to turn on credibility determinations; (v) expert testimony will not be required; and (vi) plaintiff's inability to afford counsel is not significant under the circumstances presented.[2]

NOW, THEREFORE, this 26th day of January, 2015 Plaintiff's Motion for Appointment of Counsel is hereby DENIED.

IT IS SO ORDERED.


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