Henderson v. Ghosh, No. 13-2035 (7th Cir. 2014)
Annotate this CaseHenderson has been an inmate since 1995. He was diagnosed with high blood pressure and diabetes 1999-2000. He received medical treatment. In 2009, he suffered diabetic hypoglycemia and tremulous convulsions and was taken to Stateville’s emergency room. A month later Henderson had surgery in order to undergo hemodialysis several times a week. In 2010, Henderson sued, alleging that health care providers and prison officials acted with deliberate indifference; that testing revealed that his toxic waste levels were “out of range;” but he was not notified nor treated until he had reached Stage 5 kidney disease. Henderson sought to proceed in forma pauperis and moved for recruitment of counsel (28 U.S.C. 1915(e)(1)), noting that he had a fifth grade education and a low IQ. The district court allowed him to proceed in forma pauperis, but denied recruitment of counsel. Henderson filed an amended complaint and a motion for a discovery order, with a request to depose defendants, and a settlement proposal. After problems during discovery, Henderson filed another motion for recruitment of counsel. Henderson’s discovery motions were denied. Henderson claimed that his documents had been confiscated during a shakedown. The court ultimately rejected the suit on summary judgment. The Seventh Circuit reversed, stating that Henderson needed counsel at every phase of litigation and there was a reasonable likelihood that counsel would have made a difference in the outcome. “In the sea of indigent litigants without counsel, Henderson should have stood out as someone who needed counsel the most.”
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