Eagan v. Dempsey

Docket: 17-3184

Opinion Date: February 9, 2021

Judge: Kenneth Francis Ripple

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Eagan, an Illinois Department of Corrections inmate, suffers from mental illnesses including depression, schizophrenia, and bipolar disorder. On November 30, 2014, Eagan engaged in self-harming behaviors while under suicide watch. Eagan brought a 42 U.S.C 1983, claiming violations of the Eighth Amendment by medical and custodial staff at Pontiac Correctional Center. The district court denied his motions to recruit and appoint counsel for him, then granted the defendants summary judgment. The Seventh Circuit vacated in part. In evaluating the motion to recruit counsel, the district court departed significantly from circuit precedent. Eagan has established that, but for the court's error, there is a reasonable likelihood that the assistance of counsel would have altered the outcome of the summary judgment motion with respect to Eagan’s claims based on the physician's decisions. The alleged "decision" to leave Eagan with significant, prolonged pain in order to teach him a lesson about the consequences of self-destructive behavior does not involve a mere choice of medical remedies; the court noted the lack of evidence with respect to the allegation. Eagan has not established, however, that there is a reasonable likelihood of a different outcome with respect to the officer defendants. The record clearly supports summary judgment in their favor.