TRENTON, NJ – A federal judge in the District of New Jersey has denied a motion filed by state prisoner Abdul Alim Amin Abdullah seeking court-appointed pro bono counsel in his civil rights lawsuit against a senior correctional officer.
Abdullah, who is representing himself, filed the motion in August while pursuing claims that Officer Melvin Merriel assaulted him at New Jersey State Prison in 2019, allegedly violating his Eighth Amendment right against cruel and unusual punishment.
U.S. District Judge Michael A. Shipp ruled that Abdullah had not met the legal standard for appointment of counsel under 28 U.S.C. § 1915(e)(1), which allows—but does not require—courts to assign volunteer attorneys to indigent civil litigants.
Court previously found few factors supported appointment
The ruling marks the second time the court has denied Abdullah’s request for counsel. In a September 2024 order, Judge Shipp determined that only one of the factors outlined in Tabron v. Grace slightly favored appointing counsel, while the others weighed against it or were neutral. Those factors include the merits of the plaintiff’s case, the complexity of the legal issues, the plaintiff’s ability to present his own case, and the availability of volunteer attorneys.
Case stems from alleged 2019 assault
Abdullah first filed suit in May 2021, alleging that Merriel physically assaulted him in the prison’s medical clinic two years earlier. The court allowed the case to proceed after screening the complaint under the in forma pauperis statute, which permits indigent plaintiffs to pursue civil claims without paying filing fees.
The litigation has moved slowly through procedural hurdles, including issues with service and scheduling delays. Discovery remains ongoing, with the court previously granting Merriel permission to depose Abdullah at the prison.
Judge notes no new grounds for appointment
In the latest motion, Abdullah argued that he was unable to represent himself during the deposition and asked for a lawyer to assist him. The court temporarily postponed the deposition but ultimately denied the request, finding no change in circumstances or new evidence that would warrant assigning counsel at this stage.
Judge Shipp emphasized that while the court may appoint an attorney at any point in a civil case, it does so only in “exceptional circumstances.” Abdullah’s motion was deemed unopposed after the deadline for the defendant’s response passed.
Discovery to continue without appointed counsel
With the ruling, Abdullah will continue to represent himself as discovery proceeds toward its next deadline, which was extended through September 2025. The court noted that it retains discretion to revisit the issue of counsel later if the case advances to trial or becomes legally more complex.
