Abuse of Discretion – Ineffective Assistance of Counsel

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7^th Circuit Court of Appeals

Case Name: Leonard Thomas v. Nicholas P. Wardell, et al.

Case No.: 17-2582

Officials: MANION, KANNE, and BRENNAN, Circuit Judges.

Focus: Abuse of Discretion – Ineffective Assistance of Counsel

Indiana inmate Leonard Thomas sued state correctional officials, alleging deficient health care, inadequate conditions of confinement, and that officers treated him with excessive force. The district court found Thomas’s pro se complaint deficient and gave him opportunities to remedy its problems but ultimately dismissed his case for failure to prosecute. The court also denied three requests by Thomas for appointed counsel.

Because Thomas made reasonable attempts to obtain counsel and the district court did not assess whether Thomas appeared competent to litigate the case given its difficulty, we conclude the district court abused its discretion by denying Thomas’s requests to appoint counsel. This outcome prejudiced Thomas, so we reverse and remand for an attorney to be appointed for him. The district court also provided insufficient grounds on which to dismiss Thomas’s case for failure to prosecute. Therefore we also vacate the dismissal of Thomas’s case, reinstate it, and remand the case to proceed.

Reversed and remanded in part. Vacated, reinstated 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.