Abuse of Discretion – De Novo Review

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7^th Circuit Court of Appeals

Case Name: Matthew LaBrec v. Lindsay Walker, et al.,

Case No.: 18-1682

Officials: FLAUM, ROVNER, and SCUDDER, Circuit Judges.

Focus: Abuse of Discretion – De Novo Review

Matthew LaBrec brought an action under 42 U.S.C. § 1983 against a number of Wisconsin Department of Corrections employees, alleging that they violated his rights under the Eighth Amendment of the Constitution.  Specifically, LaBrec, who is an inmate, alleged that the defendants were aware that his cellmate posed a danger to him and that they failed to protect him from that cellmate. The district court granted summary judgment in favor of the defendants and declined to exercise supplemental jurisdiction over the state claims that LaBrec also brought. LaBrec now appeals that grant of summary judgment. He also appeals the district court’s denial of his request for appointed counsel. We review the court’s grant of summary judgment de novo. Sinn v. Lemmon, 911 F.3d 412, 419 (7th Cir. 2018). As for the denial of the request for counsel, we review the court’s decision only for abuse of discretion. Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014).

Accordingly, the decision of the district court denying the request for counsel is AFFIRMED. The decision granting summary judgment is AFFIRMED as to Defendants‐Appellees Jason Chatman and Dustin Meeker and is REVERSED as to the remaining Defendants‐Appellees, Joshua Craft, Debra Wil‐ son, and Lindsay Walker, and the case is REMANDED for further proceedings.

Affirmed in part. Reversed and remanded in part.

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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.