Newton

Newton v. Eatmon

Good Law
United States District Court, Southern District of CaliforniaJune 11, 20213:21-cv-00015California896 words

Opinion

Trial Court Opinion

Background 25 In his Complaint, plaintiff claims RJD Correctional Officer S. Eatmon used 26 excessive force against him on August 27, 2018 during a medical appointment and later 27 harassed, threatened, and assaulted him because he filed a CDCR 602 inmate appeal 28 reporting the incident. Newton claims he is a senior citizen and an “ADA prisoner with one eye and several more medical issues,” and he contends Eatmon assaulted him “for no apparent reason.” [Doc. No. 1, at pp. 3-4.] Discussion I. Plaintiff’s Motion for Appointment of Counsel. In his Motion, plaintiff requests that the Court appoint counsel in this case, because he does not “understand much about the law.” [Doc. No. 8, at p. 1.] Without appointment of counsel, plaintiff believes he will not be able to “obtain the truth in this matter.” [Doc. No. 8, at p. 1.] An indigent’s right to appointed counsel has been recognized to exist “only where the litigant may lose his physical liberty if he loses the litigation.” Lassiter v. Department of Social Services of Durham County, N. C., 452 U.S. 18, 25 (1981). District Courts generally lack…

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