· 6/9/1997
Burnell Hendricks v. Thomas A. Coughlin, III Bert Ross David Post M. Parrott Dana Smith Gloria Conrad Stephen L. Norris Paul Titus Capt. Budd
Citations
- 114 F.3d 390
- 1997 U.S. App. LEXIS 13751
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiffs incarceration “severely limit[ed] his ability to investigate and present the crucial facts”
- noting that “[i]t is often likely that the assistance of a lawyer will be vital to surviving a potentially dispositive adverse motion”
- noting that Plaintiff “has been incarcerated . . . , severely limiting his ability to investigate and present the crucial facts”
- expressing concern over “arguably meritorious case[s] that may fail to survive a dispositive motion because of an inadequate presentation of the facts”’
- reversing denial of order requesting counsel after concluding that plaintiff’s case turned on developing facts related to reason for prisoner transfer, which involved credibility determinations
- “Having thus given an affirmative answer to the Hodge requirement of a ‘threshold showing of merit,’ we can quickly address the other Hodge factors . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Parker, Shadur
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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