Wednesday, July 14, 2021
This is a notice of an opportunity to provide pro bono representation in a trial and all matters leading up to trial in Leonard Gulbronson v. Clint Anderson, et al., No. 1:19-cv-156-AW-GRJ (N.D. Fla.). Plaintiff is an inmate in the custody of the Florida Department of Corrections. Pursuant to 42 U.S.C. § 1983, he raises an Eighth Amendment excessive force claim against Defendant Clint Anderson and an Eighth Amendment “failure to intervene” claim against Defendant James Anderson. The factual basis for Plaintiff’s claims is provided in the February 23, 2021, report and recommendation denying Defendant James Anderson’s motion for summary judgment. ECF No. 76.
In short, Plaintiff alleges that on August 23, 2017, Defendants entered his home in Chiefland, Fla., to arrest him. Plaintiff says that after Defendant James Anderson “slung him to the ground on his stomach,” he was not resisting arrest, being verbally abusive, or threatening law enforcement. Plaintiff says that Defendant Clint Anderson proceeded to straddle over his back, yelled threats at him for approximately 30 seconds to a minute, “jammed his service pistol into Plaintiff’s temple,” and contemporaneously struck the top rear portion of Plaintiff’s head with his pistol, causing Plaintiff to lose consciousness. Plaintiff further alleges that Defendant James Anderson remained standing on Plaintiff’s left side and did not leave the room during the above-described conduct by Defendant Clint Anderson.
The parties are scheduled to appear before the undersigned for a settlement conference on August 3, 2021, at 11:00 a.m. An attorney who wishes to provide representation may contact Plaintiff directly and may enter the case by filing a notice of appearance as soon as possible, but no later than July 27, 2021, if the attorney wishes to participate in the settlement conference. Plaintiff is currently confined at Marion Correctional Institution. Plaintiff’s DC Number is 337265. Should an attorney volunteer to represent Mr. Gulbronson, the undersigned will entertain any necessary motion to continue the settlement conference, pretrial deadlines, or a trial upon a showing of good cause.
Public funds are not available for the payment of attorney’s fees. Fees in a limited amount may be recoverable under applicable law if Plaintiff ultimately prevails. 42 U.S.C. § 1988. 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.
DONE AND ORDERED on 14th day of July 2021.