Armstead v. MacMillan

58 F. App'x 210
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 8, 2003
DocketNo. 01-3637
StatusPublished
Cited by8 cases

This text of 58 F. App'x 210 (Armstead v. MacMillan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armstead v. MacMillan, 58 F. App'x 210 (7th Cir. 2003).

Opinion

ORDER

Indiana inmate Courtney Armstead alleged that prison guards Dawn MacMillan, Charles Woods, and Howard Morton violated his Eighth Amendment right to be free from cruel and unusual punishment by failing to protect him from an attack by other inmates. The district court permitted Armstead to proceed informa pauper-is under 28 U.S.C. § 1915, and ultimately a jury found for the defendants. On appeal Armstead challenges the district court’s refusal to (1) enlist counsel; (2) permit him to amend his complaint; (3) issue a subpoena for former inmate Richard Hurd; and (4) admit Hurd’s discovery deposition into evidence at trial. We affirm.

On August 17, 1997, a group of inmates severely beat Armstead and Hurd with locks attached to belts, and the two men sustained serious head wounds that required stitches. Armstead alleged that MacMillan, Woods, and Morton failed to protect him from the assault. He claimed that when E-dormitory inmates began ridiculing and threatening him after his transfer there, he alerted MacMillan and Woods several times and Morton once. During these conversations Armstead supposedly relayed the nature of the threats and requested that he and Hurd be moved to another area. Armstead stated that the defendants did not ask him to identify the responsible inmates or offer protective custody, and Armstead did not volunteer the inmates’ identities or request protective custody.

After Armstead filed his complaint in August 1998, he twice requested that the district court enlist counsel to help him prepare for trial. The district court denied the first motion because Armstead failed to provide evidence that he had sought counsel on his own. The court denied Armstead’s second motion because it found Armstead to be competent to try the case himself-the case was not “particularly complex,” and Armstead had “articulated his claims quite plainly” and “diligently proceeded with the case.”

The district court then set a December 17, 1998, deadline for amendments to the pleadings, and a June 1, 1999, deadline for completion of discovery and dispositive motions. Armstead moved the court three times to extend the amendment deadline. The district court granted the first and third motions, but denied the second, setting the final discovery deadline for September 1, 1999, the final amendment deadline for September 15, 1999, and the final dispositive-motion deadline for October 15, 1999. At no time did Armstead file an amended complaint or motion to amend.

Before and during trial, Armstead sought approval to introduce testimony from Hurd, either live or through his discovery deposition. Armstead initially filed a motion requesting that the district court issue a subpoena for Hurd to testify at trial, but the court refused because Arm-stead did not pay the witness fee required by Federal Rule of Civil Procedure 45(b)(1). During trial, Armstead then offered Hurd’s deposition testimony. Hurd’s testimony revealed that when inmates were threatening Armstead, the same inmates were threatening him, and that he, like Armstead, informed MacMillan and Woods of the threats but did not request protective custody. Hurd also explained that he could have identified the inmates, but neither MacMillan nor Woods asked him to do so. The district court refused to admit Hurd’s deposition, rea[213]*213soning that Armstead had failed to satisfy the requisites for admission under Federal Rule of Evidence 804(a) or Federal Rule of Civil Procedure 32(a)(3), and because Hurd’s testimony was in any event irrelevant.

On appeal Armstead first argues that the district court should have enlisted counsel to assist him, and we review this decision for an abuse of discretion. Zarnes v. Rhodes, 64 F.3d 285, 288 (7th Cir.1995). A court may request that counsel assist a civil litigant when, considering the complexity of the case, the litigant appears incompetent to try the case himself. Id. If the litigant is not competent, the court will then consider if counsel’s assistance would change the outcome of the case. Id. This case focused on the defendants’ liability for their alleged failure to protect Armstead from being severely beaten by other inmates and involved potentially complex issues regarding the issuance of subpoenas for witnesses. Armstead’s submissions in the district court, however, demonstrate that he was capable of conducting legal research and articulating legal arguments. Considering the potential complexity of Armstead’s case, the court found him to be competent to try the case himself, and although we may not agree, we cannot say that the court’s ruling was an abuse of its discretion.

Next, Armstead argues that the district court “decided not to permit” him to amend his complaint, and in his brief he alleges that former defendants Charles Penfold, Larry Ludwig, and Mark Spohn conspired to engage in unspecified retaliation to “cover-up” the failure of the defendant guards to protect him. We review a refusal to allow an amendment only for an abuse of discretion. Cacia v. Norfolk & W. Ry., 290 F.3d 914, 921 (7th Cir.2002). But, in order to amend a complaint that the defendants have answered, a plaintiff first must file a motion with the district court or obtain the defendants’ consent. Fed.R.Civ.P. 15(a); Cleveland v. Rotman, 297 F.3d 569, 575 (7th Cir.2002). Because Armstead never moved to amend his complaint or obtained the defendant guards’ consent to add a conspiracy claim to his complaint-he did submit three motions to extend the deadline for amending pleadings-the district court could not have abused its discretion.

With respect to Hurd, Armstead argues that the district court should have approved a subpoena for Hurd to testify at trial even though Armstead did not pay the required witness fee. We review a refusal to issue subpoenas only for an abuse of discretion. McNeil v. Lowney, 831 F.2d 1368, 1373 (7th Cir.1987). District courts do not have statutory authority to waive witness fees for indigent civil litigants like Armstead, Marozsan v. United States, 90 F.3d 1284, 1290-91 (7th Cir. 1996), and § 1915(d) does not authorize district courts to advance indigent civil litigants’ witness fees, United States Marshals Serv. v. Means, 741 F.2d 1053, 1057 (8th Cir.1984) (en banc). Because Arm-stead did not pay the witness fee, the district court did not abuse its discretion when it declined to issue a subpoena for Hurd.

According to Armstead, however, the district court should have compensated for his indigent status by either calling Hurd as a witness for the court, see Fed. R.Evid.

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58 F. App'x 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstead-v-macmillan-ca7-2003.