Alarie V Alarie
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRANDON ALARIE,
Plaintiff, Case No. 5:25-cv-10008
District Judge Judith E. Levy
v. Magistrate Judge Anthony P. Patti
JOHN ALARIE, et al.,
Defendants.
___________________________________/
ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF
COUNSEL (ECF No. 51)
A. Instant Motion
Currently, before the Court is Plaintiff’s April 13, 2025 motion for
appointment of counsel (ECF No. 51.) Plaintiff’s motion is based on 28 U.S.C. §
1915(e), i.e., a statutory provision governing in forma pauperis civil proceedings.
B. Recruitment of Counsel
As a preliminary matter, the Court does not have the authority to appoint a
private attorney for Plaintiff in this civil matter. Proceedings in forma pauperis are
governed by 28 U.S.C. § 1915, which provides that “[t]he court may request an
attorney to represent any person unable to afford counsel.” 28 U.S.C. § 1915(e)(1)
(emphasis added). However, even if the circumstances of Plaintiff’s case
convinced the Court to engage in such a search, “[t]here is no right to recruitment
of counsel in federal civil litigation, but a district court has discretion to recruit
counsel under 28 U.S.C. § 1915(e)(1).” Dewitt v. Corizon, Inc., 760 F.3d 654, 657
(7th Cir. 2014) (emphases added). The appointment of counsel in a civil case,
therefore, “is a privilege and not a right.” Childs v. Pellegrin, 822 F.2d 1382, 1384
(6th Cir. 1987) (internal quotation and citation omitted).
Appointment of counsel is a privilege that is justified only in exceptional
circumstances. Lavado v. Keohane, 992 F.2d 601, 606 (6th Cir. 1993). In
evaluating a matter for “exceptional circumstances,” a court should consider: (1)
the probable merit of the claims, (2) the nature of the case, (3) the complexity of
the legal and factual issues raised, and (4) the ability of the litigant to represent him
or herself. Lince v. Youngert, 136 F. App’x 779, 782 (6th Cir. 2005); Lavado v.
Keohane, 992 F.2d 601, 605-06 (6th Cir. 1993); Lanier v. Bryant, 332 F.3d 999,
1006 (6th Cir. 2003); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 1985). The
Court has considered these factors here and denies the motion.
C. Analysis
1. Probable merit of Plaintiff’s claims
At this stage in the litigation, it is too early for the Court to judge the merits
of Plaintiff’s claims against Defendants. Due to the limited number of pro bono
counsel who are willing and available and the large number of those who would
like the help of volunteer attorney services, the Court generally waits to seek pro
bono counsel until the case survives all dispositive motion practice.
Here, the Court has not yet ruled on any of the several motions to dismiss
from Defendants L’Anse Creuse Public Schools (ECF No. 23), Bonnie and John
Alarie (ECF No. 25), Chesterfield Township and Chesterfield Township Police
Department (ECF No. 39), and Macomb County, Sheriff Anthony Wickersham,
and Macomb County Sheriff’s Department (ECF No. 33). Thus, absent
exceptional circumstances, seeking pro bono counsel at this stage of litigation
would be premature.
The Court also notes that Defendant L’Anse Creuse Public Schools filed a
response to Plaintiff’s motion to appoint counsel (ECF No. 57), and Defendants
Chesterfield Township Police Department and Township of Chesterfield concurred
with the response (ECF No. 59). The Undersigned handles one or two dozen such
requests for appointment of counsel in civil cases annually and is well-aware of the
standards that apply. It is highly unusual for defense counsel to file papers in
opposition to these types of motions, most likely because attorneys generally
recognize that it is often less frustrating to litigate against people who have
counsel, as opposed to those who do not, particularly in light of their relative
unfamiliarity with the rules and the fact that the Court holds pro se complaints to
“less stringent standards than formal pleadings drafted by lawyers.” Haines v.
Kerner, 404 U.S. 519, 520 (1972).
Most pertinently, the Court observes that on July 7, 2025 Plaintiff filed a
motion for voluntary dismissal of the action (ECF No. 60) and Defendants have
responded to the voluntary dismissal (ECF Nos. 61-64).
2. Nature of the case and complexity of the issue
Plaintiff states that the issues within the case raise extraordinarily complex
factual and legal issues. Allegedly having endured severe trauma and physical
injury, Plaintiff believes that this case surpasses the capacity of an untrained
litigant such as himself to handle effectively. (ECF No. 51, PageID.1074-75.) It is
undoubtedly true that counsel would be helpful, but this is not unusual or
exceptional for pro se litigants.
Plaintiff alleges that because the scope of the case creates potential conflicts,
he faces insurmountable obstacles, such as the discovery process. However,
assistance in conducting discovery does not constitute an exceptional
circumstance. See Ouellette v. Beverly Hills, No. 15-cv-11604, 2016 U.S. Dist.
LEXIS 141626, at *4 (E.D. Mich. Oct. 13, 2016). Furthermore, Plaintiff states that
because some Defendants are government agencies and law-enforcement officials,
they have institutional resources and experience, whereas he must navigate without
those advantages. (ECF No. 51. PageID.1075.) Nevertheless, numerous pro se
litigant cases involve law enforcement officers, placing the plaintiff in no worse
position than other pro se individuals seeking legal representation.
Finally, Plaintiff states that Defendant John Alarie has already lied under
oath in state court and submitted a sworn affidavit containing falsehoods in what
apparently was a successful effort to dismiss Plaintiff’s case on immunity grounds.
(See ECF No. 57, PageID.1564.) Plaintiff argues that these deceptions show that
Defendants’ have manipulated evidence and misled authorities, and that Plaintiff
cannot level the playing field without experienced counsel. However, parties
frequently have divergent versions of the facts under oath, and there is nothing
unusual or extraordinary presented in this case. And, as pointed out by Defendant
L’Anse Creuse, Plaintiff “has already filed his responses to Defendants’ various
motions to dismiss, so an attorney appointed to represent Plaintiff in this case
would provide little to no value” to him at this juncture. (ECF No. 57,
PageID.1567; see also ECF Nos. 29, 31, 46.) Thus, this circumstance does not
warrant the appointment of counsel.
3. Indigency and ability of Plaintiff to represent himself
Plaintiff contends in his motion for appointment of counsel that he is not
indigent and “is willing to pay a reasonable fee” however, he has been unable to
find any attorney willing to take his case. (ECF. No. 51, PageID.1074.)
Unfortunately, this does not persuade this Court to request appointment of
counsel for Plaintiff, because it further shows that it will be difficult to find willing
and available lawyers at this time. The Court can hardly be expected to search for
an attorney to take this case pro bono, i.e., at their own expense, when other
attorneys won’t even take it for a fee.
Plaintiff mentioned in his motion the pro bono client representation program
that the Eastern District of Michigan maintains and that he would like the Court to
refer this case to that program if necessary, however, Plaintiff may contact them on
his own initiative at any time. The Court’s assistance in making that contact is not
necessary.
Finally, Plaintiff represents that he suffers from psychological trauma that
makes self-representation extremely difficult. While the Court acknowledges
Plaintiff’s claim of mental health issues, Plaintiff’s filings illustrate his ability to
properly and quite clearly communicate with the Court within the instant action.
Plaintiff’s assertions of mental impairments standing alone are not enough to
justify the appointment of counsel here. See Deatrick v. Unknown Dalton Unknown
Davis Willis Chapman Kristopher Steece, No. 1:23-cv-12942, 2024 U.S. Dist.
LEXIS 105392, at *6 (E.D. Mich. June 12, 2024).
Therefore, the Plaintiff does not present an “exceptional circumstance” which
would warrant this Court’s intervention at this time. If this case should proceed to
trial, the Court can revisit whether to recruit counsel and generally does so at the
juncture.
D. Order
Accordingly, Plaintiff's motion for appointment of counsel (ECF No. 51) is
DENIED WITHOUT PREJUDICE. Plaintiff may petition the Court for the
recruitment of pro bono counsel if this case survives all dispositive motion
practice, proceeds to trial, or other exceptional circumstances demonstrate such a
need in the future.
IT IS SO ORDERED.!
Dated: July 22, 2025 ao P.
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE
' The attention of the parties is drawn to Fed. R. Civ. P. 72(a), which provides a
period of fourteen (14) days after being served with a copy of this order within
which to file objections for consideration by the district judge under 28 U.S.C. §
636(b)(1).