Pro Bono Opportunity in case 3:19cv5051/MCR/EMT

Friday, February 28, 2020

This is a notice of an opportunity to provide pro bono representation in the case of Majors v. Clemmons, Case No. 3:19cv5051/MCR/EMT.

Plaintiff is an openly gay prisoner housed at Santa Rosa Correctional Institution. He is bringing an Eighth Amendment claim against Warden Clemmons under 42 U.S.C. § 1983, on the ground that Clemmons exhibited, and continues to exhibit, deliberate indifference to his safety by failing to adopt and implement a policy, practice, or procedure to ensure that homophobic gang members are not assigned to Plaintiff’s cell. Further details are provided in Plaintiff’s First Amended Complaint (ECF No. 11). Plaintiff seeks declaratory and injunctive relief.

On February 13, 2020, the court directed the United States Marshals Service to serve process on Warden Clemmons. A return of service has not yet been filed. When counsel for Warden Clemmons files a notice of appearance, the court will issue a scheduling order.

Public funds are not available for the payment of attorney fees. Fees may be recoverable under applicable law if Plaintiff ultimately prevails. See 42 U.S.C. §2000e; Christiansburg Garment Co. v. Equal Emp’t Opportunity Comm’n, 434 U.S. 412, 417, 98 S. Ct. 694, 54 L. Ed. 2d 648 (1978). Limited funds are sometimes available from the District’s Bench and Bar Fund for the payment of out-of-pocket expenses incurred by an attorney providing representation of this type.

Members of the District’s bar will be afforded access to the electronic docket without charge for the purpose of considering whether to undertake the representation. An attorney who wishes to provide representation may contact the clerk’s office to obtain Plaintiff’s contact information and may enter the case by filing a notice of appearance.

2. Plaintiff’s “Request for Subpoena” (ECF No. 20) is DENIED without prejudice.