Submitted: December 9, 2013 [*].
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. No. 11-CV-295 -- William T. Lawrence, Judge.
Leonard Dewitt, Plaintiff - Appellant, Pro se, Crestwood, KY.
For Corizon, Incorporated, formerly known as: Correctional Medical Services, Inc., Patti Wirth, Naveen Rajoli, Michael Mitcheff, Defendants - Appellees: Carol A. Dillon, Attorney, Bleeke Dillon Crandall, PC, Indianapolis, IN.
Before CUDAHY, ROVNER, and WILLIAMS, Circuit Judges.
Williams, Circuit Judge.
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.
Because the district court decided this case on a motion for summary judgment, we recite the facts in the light most favorable
to the nonmoving party, Dewitt. See Greeno v. Daley, 414 F.3d 645, 652 (7th Cir. 2005). Dewitt's eye problems began in 2007 during his first incarceration at the Wabash Correctional Facility, which is a part of the Indiana Department of Corrections (" IDOC" ). The IDOC contracts with Appellee Corizon, Inc. to provide medical care to Indiana prisoners. Dewitt submitted the first of many Requests for Healthcare to Corizon stating something was very wrong with his bloodshot left eye and his vision was " like looking through a dirty piece of plastic." Corizon's eye doctor diagnosed him with astigmatism and presbyopia (old-age nearsightedness causing slightly blurry vision), and prescribed eyeglasses.
Three months later, Dewitt submitted another Request for Healthcare after being transferred to a local work-release facility. IDOC medical staff contacted the Plainfield Correctional Facility to set up an appointment for him since the work-release facility did not have any specialists on staff. But Appellee Patty Wirth said that no appointment would be available for three months, so IDOC medical staff sent Dewitt to a prison physician who noted no obvious abnormalities in his left eye.
In May 2008, Dewitt was released on parole. A doctor determined that Dewitt had a form of glaucoma in his left eye and he was advised in late 2008 to undergo laser-eye surgery to prevent any future attacks. He underwent a surgical procedure on his right eye in early 2009 to remove part of the iris to decrease eye ...