Whiting v. Lacara

187 F.3d 317 (2nd Cir. 1999)

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Nature of the Case

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Facts

Whiting (P), a former police officer, filed a civil rights action against Nassau County, the Incorporated Village of Old Brooksville, the Old Brooksville Police Department, other villages, and various individual defendants. P's initial counsel was replaced. A jury was selected in October 1997 and the second counsel in the case was discharged with P's consent. P then retained Lacara in December 1997. In June 1998, the district court partially granted Ds' summary judgment motion and dismissed P's due process claims. One free speech claim and two equal protection claims were then scheduled for a jury trial on August 18, 1998. On July 20, 1998, the district court denied P's motion to amend his complaint to add a breach of contract claim and another due process claim. On August 6, 1998, Lacara moved to be relieved as counsel. Lacara claimed that P had failed to follow legal advice, was not focused on his legal rights, and demanded publicity against legal advice. Lacara also claimed that P had failed to keep adequate contact with his office, was not sufficiently thinking clearly to be of assistance at the time of trial, and would be of little or no help during trial. P had also demanded that Lacara argue collateral issues which would not be allowed in evidence, demanded that Lacara continue to argue a due process claim already dismissed by the court, and drafted a Rule 68 Offer without Lacara's consent and demanded that he serve it on defendants. Lacara also claimed that on July 30, 1998, P had entered his office and, without permission, had commenced to riffle Lacara's 'inbox. Lacara had to call 911 when P refused to leave the office. The court denied Lacara's motion to withdraw as counsel. Lacara appealed.