Johnston v. Genessee County Sheriff Maha

POOLER, Circuit Judge:

David Johnston (“Johnston”) plaintiff-appellant, pro se, moves for the appointment of counsel in his appeal from the judgment of the United States District Court for the Western District of New York (Larimer, /.), dismissing the action. We conclude that appointment of counsel is appropriate with respect to Johnston’s claim that he was placed in solitary confinement, with excessive force, as a pretrial detainee. We appoint counsel initially to brief this panel as to whether Johnston was in fact a pre-trial detainee at the time of his detention. If we rule that there is no…