[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 20-11345

Non-Argument Calendar

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D.C. Docket No. 5:17-cv-00549-WFJ-PRL

THOMAS C. BEASLEY, 

 Plaintiff-Appellant,

 versus

UNITED STATES OF AMERICA, 

 Defendant-Appellee.

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Appeal from the United States District Court

for the Middle District of Florida

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(July 9, 2021)

Before NEWSOM, LAGOA, and ANDERSON, Circuit Judges.

PER CURIAM: 

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Thomas Beasley, proceeding pro se, appeals the district court’s order 

granting summary judgment in favor of the government on his complaint that 

alleged claims under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2680. 

On appeal, he argues that the district court erred in denying his motions to appoint 

counsel because he met the requirements for appointment of counsel, lacked access 

to the law library and legal materials, and needed counsel to conduct discovery. 

We review the denial of a civil plaintiff’s motion for counsel for abuse of 

discretion. Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999). We liberally 

construe pro se pleadings and hold them to a less stringent standard than pleadings 

drafted by attorneys. Erickson v. Pardus, 551 U.S. 89, 94 (2007). 

Notwithstanding, “issues not briefed on appeal by a pro se litigant are deemed 

abandoned.” Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008). A party 

fails to adequately brief a claim when it does not plainly and prominently raise it. 

Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 681 (11th Cir. 2014).

A plaintiff in a civil case has no constitutional right to counsel, and while the 

court may, pursuant to 28 U.S.C. § 1915(e)(1), appoint counsel for an indigent 

plaintiff, it has broad discretion in making this decision and should do so only in 

exceptional circumstances. Bass, 170 F.3d at 1320. Exceptional circumstances 

include the presence of “facts and legal issues [which] are so novel or complex as 

to require the assistance of a trained practitioner.” Kilgo v. Ricks, 983 F.2d 189, 

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193 (11th Cir. 1993) (quotation marks omitted, alteration in original). The key is 

whether the pro se litigant needs help in presenting the merits of his position to the 

court. Id. The Seventh Amendment protects the individual right to a civil jury 

trial. U.S. Const. Amend. VII. A summary judgment ruling does not violate the 

Seventh Amendment. Sowers v. R.J. Reynolds Tobacco Co., 975 F.3d 1112, 1129 

(11th Cir. 2020).

As an initial matter, Beasley has abandoned any challenge to the district 

court’s grant of summary judgment in his brief because he does not mention it and 

instead simply repeats the underlying facts for his claims and argues that the 

district court erred in refusing to appoint him counsel. Timson, 518 F.3d at 874. 

Although he states that he did not have access to legal resources to cite caselaw in 

support, the lack of access would not have stopped him from asserting in his brief 

that the district court erred in granting summary judgment, especially given that he 

clearly asserts that the district court erred in denying him counsel. 

Here, the district court did not abuse its discretion by denying Beasley’s 

motions for appointment of counsel. Beasley was able to adequately argue about 

the extent of his injuries, the amount of force that the officers applied, and whether 

that force was warranted. He was also able to cite legal authority and identify 

relevant law in his motion for counsel and summary judgment response. Further, 

the issue in this case—whether the force used by the correctional officers was 

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excessive or intentional—is not so complex that counsel was required for Beasley 

to prosecute his claim. See Kilgo, 983 F.2d at 193. Additionally, contrary to 

Beasley’s claims in his brief, the evidence that he presented shows that the 

government did respond to his requests for admissions and interrogatories and that 

an internal investigation was conducted. Although he asserts that he was unable to 

conduct discovery because he lacked counsel, the magistrate judge granted 

multiple motions from Beasley to extend discovery, and he was able to present 

several exhibits in support of his motion for summary judgment. Finally, the 

district court did not violate Beasley’s Seventh Amendment right to a jury trial by 

granting summary judgment. See Sowers, 975 F.3d at 1129. Accordingly, we 

affirm.

AFFIRMED.

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