Abuse of Discretion Ineffective Assistance of Counsel.

Byline: Derek Hawkins

7th 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...