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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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  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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