Court Error – Abuse of Discretion

By: Derek Hawkins//July 16, 2018//

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7^th Circuit Court of Appeals

Case Name: Randy McCaa

Case No.: 16-4209

Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges.

Focus: Court Error – Abuse of Discretion

Randy McCaa filed a pro se complaint in 2016, alleging that prison officials at the Green Bay Correctional Institution deliberately disregarded his risk of suicide, causing him to suffer serious physical injuries on four different occasions. Over the course of the litigation below, McCaa filed four motions asking the district court to recruit counsel for him. The district court denied all four and ultimately granted summary judgment to the defendants‐appellees.

When denying McCaa’s third motion to recruit counsel, however, the district court did not specifically address circumstances that bore on McCaa’s ability to competently litigate his own case. This was an abuse of discretion that prejudiced McCaa. Accordingly, we vacate the district court’s judgment and remand McCaa’s case for further proceedings.

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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