Batista v. New York Police Department
Batista v. New York Police Department
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHAMIR BATISTA, Plaintiff, -v.- 17 Civ. 1994 (KPF) DETECTIVE MICHAEL LECLAIR, Shield No. ORDER 5045, Defendant. KATHERINE POLK FAILLA, District Judge: By Order dated July 8, 2020, the Court granted Plaintiff’s request for pro bono counsel for the limited purpose of representing Plaintiff in a settlement conference. (Dkt. #91). On October 26, 2020, pro bono counsel appeared on behalf of Plaintiff. (Dkt. #93-94). On February 11, 2021, the Court was informed that the parties were unable to reach a settlement. Accordingly, the Court will proceed to set this case for trial. After considering the factors set forth in Hodge v. Police Officers, the Court finds that the continued appointment of pro bono counsel in this case is justified. See
802 F.2d 58, 61-62(2d Cir. 1986). This case will be set for trial, and therefore the appointment of counsel is crucial to, inter alia, Plaintiff’s “ability to present the case” at trial and to conduct “cross-examination [that] will be the major proof presented to the fact finder.”
Id. at 61. In this case,
representation would “lead to a quicker and more just result by sharpening the issues and shaping examination.”
Id.Therefore, Plaintiff’s current pro bono counsel shall inform the Court on or by February 25, 2021, whether they will continue to represent Plaintiff. After the issue of pro bono counsel is resolved, the Court will set the matter down for trial. SO ORDERED. Dated: February 11, 2021 Kithie ball. filo New York, New York KATHERINE POLK FAILLA United States District Judge
Reference
- Status
- Unknown