U.S. Magistrate Judge Kathleen M. Tafoya has denied the request of openly gay inmate Kenneth J. Houck Jr. for a court-appointed attorney to assist in his civil suit against the federal prison system.
In November 2011, Houck was brutally beaten by fellow inmates Justin O’Brien and Kevin V. Hannig at the Federal Detention Center in Philadelphia.
Houck was reading a gay novel in his cell when the men pulled him from his bunk, kicked and stomped on him and beat him with a chair.
Houck’s right leg was fractured in multiple places. He underwent numerous surgeries to prevent its amputation and continues to walk with a limp.
Houck is seeking $1.8 million in damages from the U.S. Bureau of Prisons. He contends prison officials ignored his request for enhanced protection prior to his assault.
Houck maintains his case is complex and that he cannot litigate it himself.
In a Jan. 11 ruling, Tafoya said Houck’s litigation isn’t overly complex. She said the legal pleadings Houck has filed so far appear to be adequate.
She also noted that civil litigants don’t typically receive court-appointed attorneys, even if they’re indigent such as Houck.
Houck also claims he has post-traumatic stress disorder stemming from his assault.
But Tafoya said Houck’s psychological challenges don’t necessitate a court-appointed attorney.
“The mere presence of psychological problems does not constitute a basis for the appointment of counsel if the plaintiff is able to adequately understand and present his claims,” Tafoya wrote.
The judge also noted that pro-se litigants typically aren’t held to rigid standards of professionalism.
“Given the liberal standards governing pro-se litigants, it appears [Houck] adequately can present his case without the assistance of counsel,” she added. “On balance, these considerations weigh against an appointment of counsel.”
Tafoya is based in Denver, Colo. Houck was incarcerated in Colorado when he filed suit, thus his case was assigned to her. He recently was transferred to a prison in Illinois.
Houck, 40, is serving a 96-month sentence for transporting child pornography. His scheduled release date is June 11, 2018.
Hannig, 38, is confined to a halfway house somewhere in Philadelphia. Prison records don’t specify his location or release date.
O’Brien, 28, is scheduled to be released from a federal prison in Lewisburg on Sept. 3, 2018.