Prisoner Medical Treatment

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Civil

7^th Circuit Court of Appeals

Officials: POSNER, MANION, and WILLIAMS, Circuit Judges

Prisoner Medical Treatment

No. 14-1990 Jimmy Dale Miller v. Jeanne Campanella

Summary judgment inappropriate given complexity of case.

“We recently had occasion to note that “where an inmate alleges an objectively serious medical condition, it may be better to appoint counsel—so that he or she can investigate and flesh out any claim that may exist—than to dismiss a potentially meritorious claim and leave the prisoner in harm’s way.” Perez v. Fenoglio, supra, at *11. We placed particular emphasis on the case that has progressed from the pleading stage “to discovery or trial. Taking depositions, conducting witness examinations, applying the rules of evidence, and making opening statements are beyond the ability of most pro se litigants to successfully carry out. These tasks are even more challenging in cases … where complex medical evidence (including expert testimony) is needed to assess the adequacy of the treatment received. District courts abuse their discretion where they fail to consider the complexities of advanced-stage litigation activities and whether a litigant is capable of handling them.” Id. at *12 (citations omitted).

These are points for the district court to bear in mind on remand.”

Reversed and remanded.

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