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Abstract: 

Eagan v. Dempsey, 987 F.3d 667 (7th Circ. 2021), involves a claim by an Illinois inmate alleging that the district court improperly denied a request for the appointment of counsel. The inmate is mentally ill and on this appeal the Seventh Circuit finds that the district court abused its discretion on denial of the assistance of counsel claim particularly where the Plaintiff’s legal tasks became more complex as the case evolved. The panel majority finds that the district court erred in finding no need for the appointment of counsel. Mr. Eagan showed that but for the failure to appoint counsel his claim against the treating physician, Dr. Dempsey, might well have resulted in a different and favorable outcome for Plaintiff. There is, however, a serious doubt on the outcome of the case against specific Pontiac Prison COs. Thus, the case is remanded as to Dr. Dempsey and upheld for the COs on their motion.

Keywords: Right to Appointment of Counsel; in forma pauperis

Affiliations:  1: Executive Editor.