Walker v. Price

In section 1983 action by plaintiff-prisoner alleging that defendants-prison officials used excessive force and exhibited deliberate indifference to his medical needs, Dist. Ct. abused its discretion in denying plaintiff’s sixth request for recruitment of counsel filed near start of his trial. While Dist. Ct. did not abuse its discretion when denying plaintiff’s first five requests for recruitment of counsel, as record showed that plaintiff appeared competent to represent himself with assistance of jailhouse lawyer during pre-trial phase of case, Dist. Ct. failed to adequately evaluate plaintiff’s competency to represent himself with respect to 6^th request for recruitment of counsel since: (1) jailhouse lawyer had been transferred to different prison and could no longer assist plaintiff; and (2) Dist. Ct. failed to consider added burdens on plaintiff to litigate case by himself, where instant trial before jury took place via video-conference, and where said trial required plaintiff to draft trial-related pleadings, to develop questions for his own witnesses and cross-examine defendants’ witnesses, and to prepare for opening and closing statements.