LAFAYETTE, La. ( KLFY ) — The family of Kaci Cyprian, who have been raising funds for a new lawyer, was denied their request for a court appointed attorney in their federal lawsuit against the Lafayette city government and police department . At least for now.
Kaci was 19 months old when she was killed in the crossfire a shootout last August.
In an order filed Monday, U.S. Magistrate Judge David J. Ayo said that although the court can appoint counsel for an indigent party in a civil case, such an appointment is a “privilege and not a constitutional right” that is “allowed only in exceptional cases.”
“Here, the court does not find any exceptional circumstance to justify the appointment of counsel,” Ayo said.
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The judge continued, saying the issues in the case are “not complex” and that the court doesn’t see the need for “skill in the presentation” of evidence or cross-examination.
“Should this case reach a point where the court detects the advent of the kinds of exceptional circumstances that would justify the appointment of counsel, it will revisit this issue,” the judge said.
Kaci’s parents, Jowanna Washington and Trenton Cyprian, filed the federal action on Aug. 5, only days after filing a similarly argued state-level lawsuit. In their complaint, they asked the federal court to either appoint them an attorney or grant them emergency funds so they can obtain legal representation.
The lawsuits stem from an incident that occurred in early August 2023 , which resulted in an exchange of gunfire between police officers and a person at the home, according to previous reports.
John Mitchell Nicholas was indicted by a grand jury in November. He faces charges including second-degree murder, five counts of attempted first-degree murder, domestic battery and fire-arm related charges.
In the federal lawsuit, the parents assert allegations of excessive force, wrongful death and negligence against the Lafayette Police Department. The family further claims the actions of the police department were “motivated by racial discrimination,” and that the police department has refused to release body camera footage from the incident, among other things.
Washington has set up a GoFundMe account to raise money in the hopes of getting a new attorney.
See a copy of the Monday court order below.
Washington v Lafayette by eenfinger on Scribd
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