(DOWNLOAD) "Montgomery V. Pinchak" by Third Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Montgomery V. Pinchak
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 25, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Jeffery Montgomery appeals from the entry of summary judgment against him in this civil rights action initially brought pro se under 42 U.S.C. S 1983. Montgomery, an inmate in the New Jersey State correctional system, claims that the defendants were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. Montgomery also contests the District Court's denial of his motion to appoint counsel. We find that, under the standards established by this Court in Tabron v. Grace, 6 F.3d 147 (3d Cir. 1993), the District Court abused its discretion in denying Montgomery counsel. Because we believe that Montgomery's ability to meet the evidentiary requirements of the summary judgment motion was prejudiced by his lack of counsel, we will vacate the District Court's grant of summary judgment and remand the case for further proceedings.