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Friday, July 25, 2014
Ind. Decisions - 7th Circuit decides a third Indiana case today, this one a reversal
In Leonard DeWitt v. Corizon, Inc (SD Ind., Lawrence), an 11-page opinion, Judge Williams writes:
Leonard Dewitt, a 51-year-old former inmate at the Indianapolis Re-Entry Educational Facility, challenges the grant of summary judgment against him in his deliberate indifference suit and also appeals the district court’s denial of his three motions to recruit counsel. Because we find that the district court abused its discretion in denying the motions for recruitment of counsel, and those denials affected Dewitt’s ability to develop and litigate his case, we will not reach the merits of the summary judgment order. Therefore, we reverse and remand so that the court may recruit counsel and so Dewitt can conduct further discovery in order to litigate the case. * * *
Accordingly, we REVERSE the district court’s denial of Appellant’s motions for recruitment of counsel, VACATE the district court’s judgment in favor of Appellees, and REMAND for proceedings consistent with this order.
Posted by Marcia Oddi on July 25, 2014 02:23 PM
Posted to Ind. (7th Cir.) Decisions