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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.