CAMDEN, NJ – A federal judge has granted South Woods State Prison inmate Robert L. Small’s renewed request for court-appointed pro bono counsel in his ongoing civil rights lawsuit against multiple New Jersey Department of Corrections employees, reversing an earlier decision that found he was capable of representing himself.
The ruling, filed January 16, 2026, by U.S. District Judge Karen M. Williams of the District of New Jersey, comes in Small v. Fisher et al., Civil No. 23-3685 (KMW/EAP), a case in which Small alleges prison officials and medical staff at South Woods were deliberately indifferent to his serious medical needs in violation of 42 U.S.C. § 1983.
Small, who is incarcerated at South Woods State Prison, initially filed the lawsuit in July 2023, claiming that correctional officers failed to protect him from an assault by another inmate and that medical staff later denied him proper treatment for chronic pain, paralysis, and incontinence. His amended complaint, filed in December 2023, also accused medical personnel of refusing to provide pain medication and basic sanitary supplies such as underpads, wipes, gloves, and trash bags.
The court’s initial screening under 28 U.S.C. § 1915A dismissed most of Small’s claims but allowed the case to proceed on the allegation that several nurses—identified as Nurse Erin, Nurse Rosa, Nurse Stephanie, Nurse Denise, Nurse Taylor, Nurse Angie, and Nurse Brenda—were deliberately indifferent to his ongoing medical needs.
Small previously sought court-appointed counsel in November 2024, but Judge Williams denied that motion in April 2025, citing his ability to file coherent legal documents and the relatively straightforward nature of the case. The court at that time found no indication that Small faced language barriers, literacy issues, or that the case would require complex expert testimony. However, Williams left open the possibility that he could renew his motion if circumstances changed.
Following a new Notice of Call for Dismissal in late 2025 for lack of prosecution, Small refiled his request for legal representation, submitting a verified motion under penalty of perjury. This time, the court determined that new factors justified appointment of counsel, including the case’s procedural posture, Small’s incarceration-related limitations, and the need for factual investigation that may require discovery, medical documentation, and expert input.
In her memorandum order, Williams noted that while indigent civil litigants do not have a constitutional or automatic right to counsel, federal courts have authority under 28 U.S.C. § 1915(e)(1) to “request” volunteer attorneys in cases where justice so requires. The court referenced the guiding principles from Parham v. Johnson (3d Cir. 1997), emphasizing that factors such as the complexity of legal issues, the plaintiff’s ability to present his case, and the necessity of expert evidence all weigh into the decision.
Having reconsidered those factors, the court concluded that appointment of pro bono counsel was now appropriate, particularly given Small’s medical condition, his confinement, and the likelihood that professional legal assistance would materially aid in presenting and developing the factual record.
The decision directs the Clerk of Court to locate and assign pro bono counsel from the District of New Jersey’s volunteer attorney panel. Once appointed, that attorney will represent Small through discovery and subsequent proceedings.
The lawsuit remains limited to Small’s surviving § 1983 claims alleging deliberate indifference to medical needs against the named nurses and several John and Jane Doe defendants associated with South Woods State Prison’s medical department.
Judge Williams’ order marks a significant procedural step in the nearly two-year-old case, ensuring that Small—whose filings previously risked dismissal for inactivity—will now have professional legal representation as the litigation proceeds.
A New Jersey federal judge has granted South Woods inmate Robert Small’s renewed request for court-appointed counsel, allowing him professional legal representation in his prison medical neglect lawsuit.