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Prisoner wins right to recruit counsel in federal civil suit

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A prisoner was improperly denied counsel to help with discovery in his federal lawsuit that claimed a medical provider was deliberately indifferent to glaucoma that ultimately required removal of part of his eye.

The 7th Circuit Court of Appeals reversed an order of summary judgment in favor of the healthcare provider Friday in Leonard Dewitt v. Corizon, Inc., et al., 13-2930.

District Judge William T. Lawrence in the U.S. District Court, Southern District of Indiana, Terre Haute Division, denied Leonard Dewitt’s motions to recruit counsel and granted summary judgment to Corizon, which provided medical care to Dewitt while he was incarcerated.

“Because we find that the district court abused its discretion in denying the motions for recruitment of counsel, and those denials affected Dewitt’s ability to develop and litigate his case, we will not reach the merits of the summary judgment order. Therefore, we reverse and remand so that the court may recruit counsel and so Dewitt can conduct further discovery in order to litigate the case,” Judge Ann Claire Williams wrote for the 7th Circuit panel.

Lawrence found in favor of Corizon because he reasoned that doctors exercised reasoned professional judgment inconsistent with deliberate indifference to Dewitt’s condition, but the 7th Circuit found Dewitt was prejudiced by denial of counsel to assist with discovery.

“(C)ould a lawyer have helped Dewitt present sufficient facts to create a genuine issue about why the doctor declined to follow a specialist’s recommendations or advised a continuation of ineffective treatments that prolonged his pain? We think there is a reasonable likelihood counsel could have aided here and made a difference in the outcome,” Williams wrote.

The District Court also improperly disregarded Dewitt’s Federal Rule of Civil Procedure 56(f) request for additional time for discovery. “While a district court has broad discretion to deny such motions … it is improper to decide summary judgment without first ruling on a pending 56(f) motion,” the 7th Circuit held.

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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