Abuse of Discretion – 8th Amendment violation

By: Derek Hawkins//June 3, 2019//

Listen to this article

7^th Circuit Court of Appeals

Case Name: James V. Pennewell v. James Parish, et al.

Case No.: 18-3029

Officials: BAUER, MANION, and ROVNER, Circuit Judges.

Focus: Abuse of Discretion – 8^th Amendment violation

James Pennewell is a Wisconsin state prisoner who became legally blind while incarcerated. He filed a pro se complaint alleging numerous defendants were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The district court held that based on his adequate pleadings he was competent to litigate the case alone during the advanced pre-trial stages of the litigation. Because this determination was an abuse of discretion and the district court failed to give Pennewell’s motion particularized consideration, we reverse and remand with instructions to recruit counsel.

Reversed and remanded

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event