Since 2020, Proskauer has acted as pro bono legal counsel representing an inmate in the Illinois Department of Corrections (“IDOC”) in connection with his Eighth and Fourteenth Amendment claims in the District Court for the Northern District of Illinois. Plaintiff brought the action against several defendants for their failure to provide appropriate care for his serious medical needs.

Proskauer recently prevailed at the Second Circuit on behalf of our incarcerated pro bono client, James Thomas, in an appeal that determined that Mr. Thomas was not provided adequate notice before the district court entered summary judgment against him. Proceeding pro se, Mr. Thomas brought claims for civil rights violations under the Fourth, Eighth, and Fourteenth Amendments against prison officials related to multiple searches. Defendants moved for summary judgment and provided Mr. Thomas with a short and plain statement providing an overview of summary judgment procedure. Under the district court’s local rules, however, represented parties moving for summary judgment against pro se litigants must also provide the full text of the applicable rules governing summary judgment procedure to ensure adequate understanding of the complicated nature and serious consequences of the motion. Despite this requirement, the district court excused defendants’ failure to provide documentation of the rules because, in its view, the plain statement they provided sufficiently advised Mr. Thomas of his obligation to submit evidence in opposition to summary judgment. The district court then entered summary judgment against Mr. Thomas, in part because he failed to adduce evidence specifically controverting defendants’ factual assertions, as the rules require.