Fink

MEMORANDUM **

David Fink brought this civil rights action alleging prison officials used excessive force against him, conspired to cover-up the incident, disciplined him in violation of due process, and were deliberately indifferent to his medical needs. Most defendants were dismissed or granted summary judgment based on qualified immunity. The case proceeded to trial against six guards. The jury found in favor of four guards and awarded Fink money damages against the remaining two. Fink appeals pro se, alleging numerous errors by the trial court. We conclude there is no reversible error. We affirm.

DISCUSSION

1. Right to Counsel

Fink was not improperly denied the assistance of counsel. There is no constitutional right in a civil action to effective representation of counsel. Nicholson v. Rushen, 767 F.2d 1426, 1426 (9th Cir.1985). There is also no constitutional right to appointed counsel for § 1983 claims. Campbell v. Burt, 141 F.3d 927, 931 (9th Cir.1998). Although a district court in “exceptional circumstances” may appoint counsel for an indigent civil rights *591 litigant, it must first evaluate the likelihood of success on the merits and the ability of the plaintiff to…