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Third Circuit Affirms Refusal to Appoint Successive Counsel in Prisoner’s Civil Rights Case
Loaded on Oct. 7, 2019
by David M. Reutter
published in Prison Legal News
October, 2019, page 56
Filed under:
Medical,
Appointment of Counsel,
Medical Neglect/Malpractice.
Location:
United States of America.
by David M. Reutter
In a precedential ruling, on June 19, 2019, the Third Circuit Court of Appeals held that a district court did not abuse its discretion when it declined to appoint successive counsel in a prisoner’s civil rights action after initialcounsel withdrew from the case.
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More from this issue:
- News in Brief
- Alaska Pays $400,000 to Settle Jail Prisoner’s Wrongful Death Suit, by Douglas Ankney
- Report: Summit Food Services Provides Inadequate Nutrition at Missouri Jail, by Kevin Bliss
- Maricopa County Pays $300,000 to Settle Lawsuit Over Arpaio-Era Prisoner Death, by Matthew Clarke
- Mississippi Prison Deaths Spike for Second Year; Disturbing Photos Revealed, by Matthew Clarke, David M. Reutter
- Illinois DOC Interferes with Prisoners’ College Program by Removing Books, by Edward Lyon
- Lawsuits Challenge Florida Law that Undermines Voting Rights Ballot Initiative, by David M. Reutter
- Third Circuit Affirms Refusal to Appoint Successive Counsel in Prisoner’s Civil Rights Case, by David M. Reutter
- Oregon Sheriff Places Own Head on the Chopping Block for Budget Cuts, by Kevin Bliss
- $2 Million Settlement in Lawsuit Over California Jail Prisoner’s Suicide, by Matthew Clarke
- California Court of Appeal Reverses Convictions for Possession of Marijuana in Prison, by Dale Chappell
- Second Circuit: Discharge Health Plan Part of In-Custody Mental Health Treatment When Pretrial Detainees Released, by Edward Lyon
- Oregon Supreme Court Reverses Course: Secretly Taping Prisoner’s Statements Does Not Violate Right to Counsel, by Mark Wilson
- Arizona DOC Publishes, Then Rescinds, Prison Tour Policy that Excluded Public Officials and Media, by Matthew Clarke
- Denver Tries to End Private Prison Companies’ Halfway House Contracts, by Matthew Clarke
- Lawsuit: Woman Gave Birth Alone in Colorado Jail Cell, by Kevin Bliss
- Connecticut Prison Writing Program Leads to Lawsuits, by David M. Reutter
- Third Circuit: Showers Part of Prison Operations for ADA and RA Purposes, by David M. Reutter
- Investigations into Texas Jail Deaths Find Thousands of Guards Untrained, on Temporary Licenses, by Matthew Clarke
- Former DOC Employee Awarded $300,000 in Workplace Sexual Harassment Case, by Matthew Clarke
- New York State Prisoner Wins Medical Malpractice Suit, Awarded $30,000, by Edward Lyon
- As Climate Changes, High Temperatures Plague Prisons and Jails, by Matthew Clarke
- Former Hawaii Prisoner’s Sexual Assault Lawsuit Settles for Paltry $10,000, by Edward Lyon
- The Sentencing Project Issues Report on Reducing Excessive Punishment for Violent Crimes, by Matthew Clarke
- California Federal Court Orders City to Pay $150,000 for Failure to Comply with Jail Settlement, by Chad Marks
- Fourth Circuit: Three Tasings in 70 Seconds May Constitute Excessive Force, by David M. Reutter
- California Prisoner Wins $365,000 Settlement for Assault by Jail Guards, by Scott Grammer
- Denial of Summary Judgment for Prison Officials Affirmed in West Virginia Excessive Force Case, by Scott Grammer
- Michigan Prisoner Prevails in First Amendment Retaliation Case; $30,000 in Damages and Attorney Fees, by David M. Reutter
- Cook County, Illinois to Pay $1.7 Million for Former Marine’s Suicide in Jail, by Douglas Ankney
- Court Grants Remittitur in Former Prison Teacher’s Sexual Harassment Case – Total Award of $6.4 Million Plus Fees, Costs, Interest, by Matthew Clarke
- Arizona Prisoner Receives $175,000 after Guards Read His Legal Mail, Shared it with FBI and Prosecutors, by Matthew Clarke
- Author John Grisham Pens Editorial Criticizing Death Penalty in North Carolina, by Scott Grammer
- Santa Clara County Jail Captain Accused of Misconduct, Retires, by Scott Grammer
- Family of California Prisoner Who Committed Suicide Settles Suit for $595,000, by Scott Grammer
- California County Settles Jail Death for $300,000, by Edward Lyon
- Alabama Jail Prisoner Accused of Conspiring to Get Pregnant, Claiming Rape, by Douglas Ankney
- Tenth Circuit Reverses Dismissal of New Mexico Prisoner’s First Amendment Claims, by Scott Grammer
- North Carolina Prisoners Sue Over Gang Violence, Obtain $62,500 Settlement
- Hepatitis C Treatment Ordered in North Carolina Prisons, by David M. Reutter
- $157,000 Settlement in Michigan DOC Employee Discrimination Case, by David M. Reutter
- Congressional Black Caucus Institute Accepts Donations from Private Prison Companies, by Matthew Clarke
- Exploiting Prisoners on Prime Time, by Edward Lyon
- Three Louisiana Prisoners Cleared in 1994 Rape of Another Prisoner, by David M. Reutter
- Veteran Oregon Jail Guard Indicted and Jailed, by Mark Wilson
- Federal Court Sanctions New Mexico Corrections Department Over Out-of-State Legal Mail, by Matthew Clarke
- Survey: Jail Population Down but Incarceration Rates Higher for Whites, Women, by Jayson Hawkins
- Why Our Movement Can’t Afford to Ignore Private Prison Corporations, by Caroline Isaacs
- Audit Finds Mississippi Private Prison Plagued by Violence, Run by Gangs, by Kevin Bliss
- Infamous Louisiana Sheriff on His Way Out, by David M. Reutter
- San Francisco to Cut Costs for Jail Phone Calls, Commissary Sales, by Edward Lyon
- Vermont Supreme Court Remands Prison Correspondence Claim, by Edward Lyon
- Class Certified in Lawsuit Challenging Missouri Parole Violation Procedures, by David M. Reutter
- From the Editor, by Paul Wright
- Mentally Ill Prisoners’ Suit Against GEO Group Survives Motion to Dismiss, by Douglas Ankney
- California Tried to Fix Its Prisons. Now County Jails Are More Deadly, by Jason Pohl, Ryan Gabrielson
More from David M. Reutter:
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026
- Seventh Circuit Announces Generic Conspiracy Under U.S.S.G. § 4B1.2 Requires Bilateral Agreement, Holding Indiana Conspiracy Convictions Cannot Qualify as Crimes of Violence, Sept. 1, 2026
- Pennsylvania Supreme Court Ends Mandatory Life Without Parole Sentence for Felony Murder, Sept. 1, 2026
- Hawai’i Supreme Court Announces Totality-of-the-Circumstances Good-Cause Standard Governing State Motions to Continue Based on Witness Unavailability, Aug. 1, 2026
- Pennsylvania Supreme Court Announces Theft by Deception Is Not Continuing Offense While Receiving Stolen Property Continues Only Until Defendant Disposes of Stolen Property, Aug. 1, 2026
- Florida Supreme Court Announces District Courts of Appeal Have Jurisdiction to Review Denial of Downward Departure Sentence, Holding Sentencing Order Is Final Order Appealable as Matter of Right, Aug. 1, 2026
- Louisiana Supreme Court Announces Framework Governing Factual Innocence Claims in First Application of La. C.Cr.P. Art. 926.2, Holding Second-Step Review Encompasses All Relevant Evidence, Aug. 1, 2026
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026
- Louisiana Supreme Court Declares Unconstitutional Statute Stripping Courts of Authority to Order Payment of Indigent Defense Expert Funds, Holding the Law Infringes on Judiciary’s Constitutionally Granted Jurisdiction Over Felony Cases, July 1, 2026
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026
More from these topics:
- $280,000 Paid for South Carolina Detainee’s Death in Charleston Jail, Sept. 1, 2026. Private Contractors, Failure to Treat, Contractor Liability, Medical Neglect/Malpractice, Monell Liability.
- New Commission to Investigate Death and Abuse of 230 Black Children at Segregated Maryland Reformatory, Sept. 1, 2026. Racial Discrimination, Prison Labor, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Juvenile Prisons.
- Isolation and Medical Neglect at Illinois’ Joliet Treatment Center Drive Prisoners to Set Fatal Fires, Sept. 1, 2026. Systemic Medical Neglect, Security Systems, Medical Neglect/Malpractice, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- $3 Million Paid by San Diego County for Diabetic Detainee’s Jail Death; NaphCare Settles Separately for Undisclosed Amount, Sept. 1, 2026. Naphcare, Diabetes, Failure to Treat, Settlements, Medical Neglect/Malpractice.
- Ohio Finds Guards and Medical Staff Failed to Render Life-Saving CPR to Detainee, Sept. 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Hawai‘i Pays $600,000 for Prisoner’s Withdrawal Death, Sept. 1, 2026. Medication, Drug/Alcohol Withdrawal, Failure to Treat, Settlements, Medical Neglect/Malpractice.
- $4.5 Million Paid by Cook County for Detainee Suicide in Chicago Jail, Aug. 1, 2026. Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides, Administrative Detention/Segregation, Deliberate Indifference.
- Death of Seattle Detainee—Jailed Despite Not Being “Grounded in Reality”—Costs King County $3.5 Million Settlement, Aug. 1, 2026. Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Monell Liability.
- $10.19 Million Paid for Retired California Prison Guard’s Death in Colorado Jail, Aug. 1, 2026. Failure to Treat, Stun Guns/Tasers, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- $3.25 Million Paid by Georgia After Prisoner Bakes to Death in Outdoor Recreation Cage, Aug. 1, 2026. Failure to Treat, Exposure to Heat, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.

