GRIFFIN v. MITCHEFF

Filing 71

ORDER granting in part and denying in part 55 Motion for Summary Judgment. For the reasons discussed above, defendants Lyn Fry and Michael Mitcheff's motion for summary judgment, dkt. 55 , is granted in part and denied in part. It is gr anted with respect to Mr. Griffin's First Amendment retaliation claims against both Ms. Frye and Dr. Mitcheff, Mr. Griffin's Eighth Amendment deliberate indifference claim against Dr. Mitcheff, and Mr. Griffin's Eighth Amendment del iberate indifference claim challenging Ms. Frye's response to his grievance about the discontinuation of his breathing treatments. Those claims are dismissed with prejudice. The motion for summary judgment is denied with respect to Mr. Griffi n's Eighth Amendment deliberate indifference claim based on Ms. Frye's responses to the grievances about Mr. Griffin's missed breathing treatments. No partial judgment shall issue at this time. The clerk is directed to terminate Mich ael Mitcheff as a defendant on the docket. Mr. Griffin's surviving claim against Ms. Frye will be resolved by settlement or trial. It is the Court's preference that Mr. Griffin receive the assistance of counsel for settlement and/or tria l. Therefore, Mr. Griffin shall have through July 20, 2021, to file a motion for assistance with recruiting counsel. If Mr. Griffin does not file a motion for assistance with recruiting counsel by the deadline, the Court will assume that he doe s not want the assistance of counsel and proceed. The clerk is directed to include a copy of the form Motion for Assistance with Recruiting Counsel with Mr. Griffin's copy of this Order. The clerk is directed to update the docket to reflect that "Lyn Fry" is Linda Frye. Signed by Judge James R. Sweeney II on 7/16/2021. (Attachments: # 1 form Motion for Assistance) (JDC)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA

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Full name of plaintiff(s)

v.

Case No.___________________________

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Full name of defendant(s)

MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL
I request the court’s assistance recruiting counsel to represent me in this action.
(Note: You may attach additional pages to this motion.)
I.

Financial Status

Have you previously filed a “Request to Proceed in Forma Pauperis” (an IFP
application)? Please check the appropriate box below:
☐

I have previously filed an IFP application in this case, and it is a true and correct
representation of my current financial status.

☐

I have not previously filed an IFP application in this case and now attach an
original IFP application showing my financial status.

☐

I have previously filed an IFP application in this case, but my financial status has
changed. I have attached a new IFP application showing my current financial
status.

Last Revised 2/26/2016

II.

Attempts to Obtain Counsel

The law requires persons requesting assistance with recruiting counsel to first make a
reasonable attempt to obtain counsel on their own or demonstrate that they have been
effectively precluded from doing so. List all attorneys and/or law firms you have
contacted to represent you in this case and their responses to your requests. If you have
limited access to the telephone, mail, or other communication methods, or if you
otherwise have had difficulty contacting attorneys, please explain.
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III.

Ability to Litigate the Case

1)

Do you have any difficulty reading or writing English?

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2)

What is your educational background (including how far you went in school)?

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Last Revised 2/26/2016

3)

Do you have any physical or mental health issues that you believe affect your
ability to litigate this case on your own? If so, what are they?

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4)

Have you received any assistance with this case from others, including other
inmates? If so, describe the assistance you have received and whether you will
continue to receive it.

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5)

List any other cases you have filed without counsel, and note whether the Court
recruited counsel to assist you in any of those cases.

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6)

Describe any other factors you believe are relevant to your ability to litigate this
case on your own.

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Last Revised 2/26/2016

IV.

Requirements for the Recruitment of Counsel

By filing this motion, I agree to the following conditions:
·

While I set the objectives of the litigation, I acknowledge it is usually counsel’s
choice as to the strategies used to accomplish that objective.

·

I will fully cooperate with recruited counsel. If I do not do so, I understand that
recruited counsel may withdraw.

·

I understand that counsel is not responsible for paying the costs associated with
my lawsuit.

·

I understand that I am not entitled to free legal counsel and that recruited
counsel may require me to enter into a contingency fee agreement in order to
represent me in this action.

·

I understand that a portion of any monetary recovery (not to exceed 25%) may be
used to satisfy the amount of attorney’s fees awarded under 42 U.S.C. § 1988.
This requirement is imposed by the Prison Litigation Reform Act, 42 U.S.C.
§ 1997e(d).

·

I understand that even if the Court grants this motion, I will receive counsel only
if an attorney volunteers to take my case and that there is no guarantee that an
attorney will volunteer to represent me.

·

I understand that if my answers in this motion or in my IFP application are false,
I may be subject to sanctions, including the dismissal of my case.

I declare under penalties for perjury that the above statements are true and correct:

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Date

Last Revised 2/26/2016

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Signature - Signed Under Penalty for Perjury