Challenges of Litigating While Incarcerated

[摘要] court-appointed lawyerEighth Amendmentjailhouse lawyerpro seincarcerated plaintiffLower Courts Must Adhere to Standards When Determining Whether to Appoint Counsel to Incarcerated PlaintiffsIn Eagan v. Dempsey, 987 F.3d 667 (7th Cir. 2021), the Seventh Circuit Court of Appeals vacated and remanded a U.S. district court’s decision to deny the claimant’s motions for recruitment of counsel for an Eighth Amendment claim against his prison physician. The court affirmed the district court’s decision to deny the claimant’s motions for appointment of counsel for his Eighth Amendment claims against prison officers. In justifying the decision against the prison physician, the Seventh Circuit relied on an earlier case in the circuit in which it was established that an Eighth Amendment case against a physician would require sophisticated legal maneuvers that warrant the appointment of an attorney.

[学科分类] 儿科学

[关键词] court-appointed lawyer;Eighth Amendment;jailhouse lawyer;pro se;incarcerated plaintiff