Beck v. Rash et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENYAHTA BECK,
Plaintiff,
v.
CHARLES MATTINGLY,
Defendant.
Case No. 3:24-CV-1933-NJR
ORDER APPOINTING COUNSEL
ROSENSTENGEL, District Judge:
This 	matter 	is 	before 	the 	Court 	on 	Plaintiff 	Kenyahta 	Beck’s 	Motion 	for
Appointment of Counsel. (Doc. 42). A federal civil litigant has no constitutional or
statutory right to court-recruited counsel. Riley v. Waterman, 126 F.4th 1287, 1297 (7th Cir.
2025); Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). Under 28 U.S.C. § 1915(e)(1),
however, this Court has discretion to recruit counsel to represent indigents in appropriate
cases. Id. In evaluating whether counsel should be appointed, the district court must ask:
“(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been
effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the
plaintiff appear competent to litigate it himself?” Pruitt, 503 F.3d at 654–55.
“In determining whether a plaintiff appears competent to litigate the case without
the assistance of counsel, the court must consider ‘both the factual and legal complexity
of the plaintiff’s claims and the competence of the plaintiff to litigate those claims
himself,’ which are “necessarily intertwined.” Riley, 126 F.4th at 1298 (quoting Eagan v.
Dempsey, 987 F.3d 667, 682 (7th Cir. 2021). There are no “fixed criteria” for assessing
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whether a plaintiff is sufficiently competent to litigate his case, but “a district court
certainly should consider the plaintiff’s literacy, communication skills, educational level,
litigation experience, intellectual capacity, and psychological history.” Id. A court should
also consider “the phase of the litigation, if the prisoner has been transferred between
facilities, if the claims involved the state of mind of the defendant such as those involving
deliberate indifference, and if the case involves complex medical evidence, including
expert testimony.” Id. (quoting Thomas v. Wardell, 951 F.3d 854, 860 (7th Cir. 2020)).
Here, Beck states that he has contacted four attorneys in an effort to obtain counsel.
(Doc. 42). The Court further finds that, given the factual and legal complexity of Beck’s
First Amendment claim, he does not appear competent to independently litigate this case.
Beck is no longer housed at Menard Correctional Center, where the events at issue
occurred, and he previously leaned heavily on jailhouse lawyers who are no longer
available to assist him. (Id.). The Court also notes that the Illinois Department of
Corrections has designated Beck as seriously mentally ill. (See Doc. 1 at p. 43). For these
reasons, the Court FINDS that appointment of counsel is appropriate and GRANTS
Beck’s motion.
In accordance with 28 U.S.C. § 1915(e)(1) and Local Rules 83.1(i) and 83.9(b),
attorney Maxwell D. Huber of Tucker Ellis LLP is ASSIGNED to represent Kenyahta
Beck in this civil rights case. On or before February 13, 2026, assigned counsel shall enter
his appearance in this case. Attorney Huber is free to share responsibilities with an
associate who is also admitted to practice in this district court. Assigned counsel,
however, must enter the case and shall make first contact with Beck. Beck should wait for
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his attorney to contact him in order to allow counsel an opportunity to review the court
file.
The Clerk of Court is DIRECTED to transmit this Order and a copy of the docket
to attorney Huber. The electronic case file is available through the CM/ECF system.
Now that counsel has been assigned, Beck shall not personally file anything in this
case, except a pleading that asks that he be allowed to have counsel withdraw from
representation. If counsel is allowed to withdraw at Beck’s request, there is no guarantee
the Court will appoint other counsel to represent him.
Counsel is ADVISED to consult Local Rules 83.8-83.14 regarding pro bono case
procedures.
Because Beck is proceeding in forma pauperis, he may proceed without prepayment
of the filing fee. If he should recover damages in this action (either by verdict or
settlement), Beck and his counsel are ADVISED that he will be obligated to pay the filing
fee out of his monetary recovery.
Section 2.6 of this Court’s Plan for the Administration of the District Court Fund
provides for a degree of reimbursement of pro bono counsel’s out-of-pocket expenses, as
funds are available. The Plan can be found on the Court’s website, as well as the form
motion 	for 	out-of-pocket 	expenses 	and 	an 	Authorization/Certification 	for
Reimbursement. Any motion for reimbursement must be made within 30 days from the
entry of judgment, or reimbursement will be waived. See SDIL-LR 83.13. The funds
available for this purpose are limited, however, and counsel should use the utmost care
when incurring out-of-pocket costs. In no event will funds be reimbursed if the
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expenditure is found to be without a proper basis. The Court has no authority to pay
attorney’s fees in this case. No portion of a partial filing fee assessed pursuant to 28 U.S.C.
§ 1915 will be reimbursed. Assigned counsel may move for an exemption from PACER
fees for this case by filing a motion in this case seeking an exemption from these fees.
The district court has entered into an agreement with attorney Alan Mills and the
Uptown People’s Law Center to consult with lawyers on issues in these cases, including
substantive and procedural questions (both legal and practical) and dealing with the
client. Mr. Mills can be reached by email at alan@uplcchicago.org. He can also be reached
by phone at 773-769-1411; however, email is his preferred means of contact. His services
are available to counsel free of charge, as long as counsel is representing a prisoner pro
bono on a case in the district. In addition, the Court’s website, www.ilsd.uscourts.gov,
includes a guide for attorneys which is available as a resource. It is listed under “Rules
and Forms” as “Guide for Attorneys Recruited to Represent Plaintiffs in Section 1983
Cases.” The Court encourages appointed counsel to consult it and Mr. Mills as needed.
As of this date, Beck’s contact information is:
Kenyahta Beck, K91591
Pinckneyville Correctional Center
5835 State Route 154
PO Box 999
Pinckneyville, IL 62274
IT IS SO ORDERED.
DATED: 	January 14, 2026
____________________________
NANCY J. ROSENSTENGEL
United States District Judge
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