IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

 )

DEON DAVIS (B-40639), )

)

Plaintiff, ) Case No. 1:20-cv-04683

)

v. ) Hon. Mary M. Rowland

)

ACTING WARDEN NICHOLAS, ET AL., )

)

Defendants. )

MOTION FOR RELIEF FROM APPOINTMENT

CHRISTOPHER R. JOHNSON, undersigned counsel appointed to represent Plaintiff in 

the above matter, hereby moves this Court, pursuant to Local Rule 83.38, for relief from the

Court’s order of appointment in this matter and in support thereof states as follows:

1. On July 10, 2020, Plaintiff, DEON DAVIS, filed the present Complaint against 

Defendants, some of whom were terminated on or about September 22, 2020. 

2. On September 24, 2020, this Court terminated the appointment of Plaintiff’s 

initial appointed counsel. On September 28, 2020, this Court entered an order appointing 

undersigned counsel as counsel for Plaintiff. 

3. Pursuant to Local Rule 83.11(g), members of this Court’s trial bar are required to 

be available for appointment by the court to represent or assist in the representation of those who 

cannot afford to hire a member of the trial bar. 

4. Pursuant to Local Rule 83.38(a), undersigned counsel hereby requests to be 

relieved of this Court’s order of appointment. Local Rule 83.38(a) allows the Court to relieve 

counsel of an order of appointment on specified grounds or on such other grounds as the 

appointing judge finds adequate for good cause shown. 

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5. Local Rule 83.38(a)(4) allows relief from appointment where counsel lacks the 

time necessary to represent the party because of the temporary burden of other professional 

commitments involved in the practice of law. Undersigned counsel also requests relief from the 

appointment on this basis. Because of the ongoing COVID-19 public health emergency, 

undersigned counsel has not been to his law firm’s office since early March 2020, a period of 

over seven months. Undersigned counsel does not currently have a specific date to return to 

working in the office. Undersigned counsel has been working from full-time from home since 

March 2020, and the burdens of handling current client matters and existing commitments,

including a matter recently appealed to the Appellate Court of Illinois, First District, especially 

under the difficulties presented by the present unique situation, prevent counsel from having the 

necessary time to commit to learning this new area of the law and vigorously representing 

Plaintiff in this matter. Undersigned counsel and his spouse have two daughters at home, a twoyear-old and five-month-old. Older relatives of undersigned counsel are assisting in the 

caretaking of the children, and undersigned counsel is attempting to minimize exposures to 

public settings or other settings carrying a heightened risk of exposure to COVID-19. Like many 

others during the current public health emergency, undersigned counsel is attempting to balance 

childcare commitments and professional obligations. These temporary factors combine to 

prevent undersigned counsel from having the necessary time to provide Plaintiff with the full and 

vigorous representation he deserves. 

6. Local Rule 83.38(a)(2) allows relief from appointment where counsel is not 

competent to represent the party in the particular type of action assigned, in the appointed 

counsel’s opinion. In appointed counsel’s opinion, this subsection applies in this matter. 

Undersigned counsel’s current area of practice is devoted almost exclusively to real estaterelated matters. Undersigned counsel has never represented a prisoner in a civil action for 

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damages against a warden and officers of a correctional facility. Undersigned counsel has very 

little familiarity with the areas of law at issue, including a prison’s obligation to grant the 

requests made by Plaintiff or similarly situated prisoners. Undersigned counsel recognizes that

the nature and purpose of the pro bono appointment program would often require attorneys to 

practice in areas outside of their regular caseload. Undersigned counsel attended a session of the 

“Anatomy of a Prisoner Civil Rights Case” offered at the U.S. District Courthouse on April 11, 

2019, in an attempt to become more familiar with these types of cases. Nevertheless, at the 

current time, in his opinion, undersigned counsel would be woefully unprepared to meet the high 

standard of representation that Plaintiff deserves, especially in light of any potential statute of 

limitations issues in identifying the “John Doe” defendants named in the Complaint.

7. For the above reasons, undersigned counsel respectfully and humbly requests that 

this Court find that good cause exists to enter an order for relief from appointment in this matter. 

WHEREFORE, CHRISTOPHER R. JOHNSON, undersigned counsel appointed to 

represent Plaintiff in the above matter, hereby respectfully requests that this Court enter an order 

for relief from appointment in this matter pursuant to Local Rule 83.38; and granting any further 

relief this Court deems necessary and just. 

Dated: October 21, 2020 Respectfully Submitted,

/s/ Christopher R. Johnson

Christopher R. Johnson (ARDC #6304827)

Cary G. Schiff & Associates

134 N. LaSalle St., Suite 1740

Chicago, IL 60602

Telephone: 312-419-1130

Facsimile: 312-419-9130

E-mail: caryschiff@cgschifflaw.com

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