mr you can made seven requests for counsel to assist him with the daunting task of litigating is deliberate indifference claims you made these kate these cool requests as the case progress from the pleading stage to discovery and ultimately to summary characteristics most importantly the dish a court failed to grapple with the implications of mr egan severe mental illness handicap and the need for expert testimony mr egan was prejudiced by his general inability to effectively qualified for the assistance of counsel and with the help of counsel mr egan would likely have been able to develop a summary judgment record further and survived summary judgment this court has held that it is an abuse of discretion under pruitt to apply to fail to apply standard or to of apply only part of a standard here the district court abuses discretion by feeling to apply the full pruitt standard and ignoring various factors for instance in pruitt this court has held that if the psychological history of a of a plaintiff is known the court should consider that history and here the court failed to do so in nearly every filing requesting counsel mr egan stated that he needed the assistance of counsel because he was severely mentally ill and his prescribe mind altering medications that i ability to concentrate and to put together coherent thoughts troublingly however the disher court appears to have doubted the veracity of mr egan's claim that you suffered from mental illness despite evidence in the record supporting not provided evidence of his mental illness handicap for instance and it did so in the in the september th written opinion and then again in its text order on october th two thousand and sixte where it says plaintiff again repeats his claim that he suffers from a mental illness and is unable to represent himself plenty of provides no factual support for this claim and his motions are denied for the reasons previously stated by the court and then subsequently mr you're going to ultimately provides several dozen pages of mental health records that show that he's heavily medicated that is on suicide watch that he's been diagnosed with schizophrenia bipolar depression and the district  illness the mr eagan you know aside from the records mr egan's you know pleadings showed as a return address that he was in a psychiatric unit and it's undisputed in this case that he had to be treated for these psychotic episodes that he was would mr or you could have done if you had counsel how would you know augment the record first and foremost your honor depositions would have been important here in this case is that this court is held in numerous cases that depositions would are are critical and these deliberate indifference claims where the state of mind of the defendants is at issue and specifically for instance m and asked him then and inquired into why dr dempsey refused to treat mr even further for the pain discomfort stiffness lockjaw that he was experiencing on december st december nd there's medical records in evidence dempsey's affidavit and evidence that says that treatment was unnecessary that the log that dr dempsey filled out has a sentence on there that says that he thought that mr egan was exaggerating also have deposed mr sullivan and the other holding cell defendants to inquire about what exactly transpired in the holding cell on the evening of november th and the records are not clear exactly  what was said between the holding cell defendants and dr dempsey and that issue is open if the holding cell defendants had not adequately convey the severity of mr egan situation the fact that mr they did that they were liable under the deliberate indifference standard also document discovery there was some i'm document discovery and right discovery in this case mr egan did so with the assistance of john house lawyers a review of the record shows that this document discovery that was conducted was less than fruitful at best mr egan compiled requests for admission and a couple of iraq atory requests for the litigation was every wrong there in the middle of discovery that's correct yes and then that added to mr reagan's situation where he was unable to conduct discovery with you know being separated from the jailhouse more that was assisting him being a house at a facility that that they are that the officers were no longer out now as the records show whether he ever cries to the district judge  transfer and the subsequent increased difficulty he might be having in litigating the case because of the transfer yes your honor so he did t several paragraphs about he was transferred and that this would make if make it difficult for him to interview inmates to get their depositions to obtain medical records obtained prison procedures he listed out the ways that the transfer spoke to to the reasons for insurance for and what was the district judges reaction to this file you know apprising him the transfer the increase difficulty that's that's part of the problem here your honor is that they been there and what would have been available to mr even but we don't have the opportunity to without having an opportunity to the pose that in its conduct thorough document discovery of the dish or court relied on dr dempsey's on controverted testimony it credited his testimony that mr egan was likely exaggerating these illnesses because it was not it did not appear to be a side effect of how long that's that's medical expert testimony that mr eaton was able to secure without a medical expert of his own or d anyone to speak to those things and because of that there was only one side of the story told especially with the medical implications of the  tried a malpractise q s but given the standards of the th amendment how would this all have made a difference it appears the physician at least was attending him and making medical judg yes well it would have made a difference because a expert could have testified that mr or dr dempsey's failure to treat mr egan despite his pleas to do so despite his apparent you know discomfort and pain that he was focusing on the wrong issue we just focus on the side effects or the experience on the person's like thank you thank you your hon that sometime during that shift after he had been seen by medical professionals sullivan walked by his bow and said something along the lines of you're faking under the circumstances there there is no evidence he presented no testimony that he notified by all of them that he was in need of medical assistance that he was in to their pain and needed to be seen by a doctor but even if he had it the evidence in the record demonstrates that he had already been under the care of a physician and ed sullivan would reasonably under the deliberate and different standard problem and could reasonably rely on the medical judgment of the of the medical professionals that were that were overseeing  that claim as well he claims that they should have been the evidence his own testimony to abolition is that those defendants responded to any risk of harm when he began banging his head in his  administered but it's important to note here that he was taken back to a crisis watch though and so he was still being monitored every ten minutes for any potential self harm and by own testimony when he began to bang his head again the state defendants immediately responded to their barriers to hold him again took him back to the holding cell where he was administered follow up st aid and his position was again contacted and it was at that point that the held all injection was administered and so carm there's his own testimony establishes that the defendants in this case responded to to any risk of harm and took reasonable steps to address the risk and additionally  really assess the overall complexity of the case and what would be required for it can to make a case including the need to examine dempsey on medical issues and possibly to present medical evidence of his he the judge will never consider the extent to which he can had the ability as a lay person to resent such a case he never considered the extra difficulty that it can submit litigation transfer to a different prison might impose and he never truly under to think in terms of the complexity of the case with respect to the treatment that he received or the lack of treatment that he received on december st and nd the issue wasn't really a complicated medical determination but it really turned on whether a jury would believe or whether there was sufficient evidence that his his complaints of pain were ignored and so that really isn't the type of evidence that would require that really isn't that the type of that's a that's a credibility issue that wouldn't necessarily turn out expert testimony or the need for expert testimony under the circumstances and with respect to his ability as a layperson the fact that he was relying jailhouse lawyer he did state in the motions and he did state in a deposition that he received assistance the jailhouse lawyers throughout throughout the proceeding and while he did present that and while he did present evidence forgot that he had it that he suffered from schizophrenia and had mental health issues the district court did exalt edge that he had those challenges but the district court looked at those challenges in light of what he was filing he was managing his case  in a way that demonstrated competent team was he engaged in discovery he submitted a request for admission from the defendants and received them he sought inner aga tori's and received responses to those he had his medical so i don't think the problem necessarily is the transfer is retaliatory it's that after the transfer it's much more difficult for approve a prisoner to make the case  that's something i wish you would address certainly your honor certainly it can be but there was nothing and mr reagan's motion simply indicated that you know he was having trouble reaching witnesses or he could develop his case of differently but he did not point to any specific as to why the transfer made that more difficult he had already had pain fateman from witnesses in his case he had submitted with his summary judgment papers affidavits from other inmates that that witnessed but that presented to ronnie regarding the incident i'm here to tame discovery written discovery problem the from the defendant he really didn't point to any issues that he was having was that he felt like he was nailed to the floor and so it not only is it contradicted by dr dempsey but it's also contradicted by other contemporaneous records in the crisis watch logs  medical need everything else in the record indicates that mr reagan was not suffering from such a serious problem as you point there is only evidence of any sort of on december second or the inability to move i guess starts on december st and  it's supposed to be credited so because it is that i certainly am sitting here in presuming that egan was in extremis at that time videotape and the videotape shows what obviously occurred despite deposition or testimony conflicting that videotape that obviously should be credit here it's a different situation we have medical records  this case does involve complex medical evidence there are deliberate indifference claims when they're just against prison officials were no medical medical care was provided those those will generally be more simple cases but when  doctor gets involved in exercises his professional judgment as a doctor in rendering treatment or some treatment or no treatment that then implicates what the standard of care for a doctor is not something that that a pro s litigant can't speak to be thomas is an excellent i'm example of this where the case involves complex medical evidence because it involves claims against a psychologist for the nile necessary medical treat to step in in this case and we appreciate the assistance you provided to the court as well as to your client the case is taken under advi