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Civil Procedure — recruitment of counsel

By: WISCONSIN LAW JOURNAL STAFF//June 20, 2014//

Civil Procedure — recruitment of counsel

By: WISCONSIN LAW JOURNAL STAFF//June 20, 2014//

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U.S. Court of Appeals for the 7th Circuit

Civil

Civil Procedure — recruitment of counsel

It was an abuse of discretion for the district court not to attempt to recruit counsel for a prisoner alleging indifference to his medical needs.

“Because of his documented low IQ, functional illiteracy, poor education, inexperience with civil litigation, and incarceration, Henderson was incapable of obtaining the witnesses and evidence he needed to prevail on his claims. He offered no medical evidence in opposing the defendants’ summary judgment motion because he had none. This was fatal to his claims: the district court granted the defendants summary judgment because Henderson “put forth [no] evidence from which a reasonable jury could conclude that the treatment provided to him … was so far afield of accepted professional standards as to raise the inference that it was not based on medical judgment.” Had counsel been recruited during the discovery phase, counsel could have served discovery requests; could have deposed the defendants, probing them about their subjective knowledge of Henderson’s kidney health and the accepted standards of care; could have deposed the hospital nephrologist regarding Henderson’s medical condition and the proper treatment for kidney disease; and could have produced other evidence on the accepted standard of care, including an expert report, if necessary. Because appointed counsel could have obtained this evidence that Henderson could not, Henderson has shown prejudice.” Reversed and Remanded.

13-2035 Henderson v. Ghosh

Appeal from the United States District Court for the Northern District of Illinois, Marovich, J., Per Curiam.

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