No. 21-6675

Robert JW McCleland v. Rick Raemisch, et al.

Lower Court: Tenth Circuit
Docketed: 2021-12-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-1915 civil-procedure civil-rights due-process expert-witness fed-r-evid-706 indigent-party judicial-notice medical-facts pro-bono-counsel standing summary-judgment
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. Whether the appellate courts should apply case law established under
Fed.R.Evid. 706, which denies the appointment of expert witnesses because of
a party's IFP status, to an indigent party's request for the appointment of
pro bono counsel pursuant to 28 U.S.C. S31915(e)(l) .

2. Whether appellate courts are obliged to address a party's allegation
that the opposing party's expert reports were faulty, regardless of the burden
of proof at summary judgment, and whether faulty reports should be allowed to
establish undisputed facts.

3. Whether lower courts should take judicial notice of medical facts at
summary judgment, without the interpretation of an expert witness, when the
court is supplied with the necessary information.

Question Presented (AI Summary)

Whether the appellate courts should apply case law established under Fed.R.Evid. 706 to an indigent party's request for the appointment of pro bono counsel pursuant to 28 U.S.C. §1915(e)(1)

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-01-21
Waiver of right of respondents Rick Raemisch, et al. to respond filed.
2021-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2022)

Attorneys

Rick Raemisch, et al.
Nicole Suzanne GellarColorado Attorney General, Respondent
Robert JW McCleland
Robert JW McCleland — Petitioner