Badgett v. Lunenberg et al

Filing 77

ORDER GRANTING Defendants' request that Plaintiff's witness, Walter DeJesus, testify by video conference, signed by Chief Judge William C Griesbach on 11/09/2018. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

CHRISTOPHER BADGETT,
Plaintiff,
v.

Case No. 17-C-49

MICHAEL LUENEBURG and
JONATHAN STEELE,
Defendants.

ORDER

Plaintiff Christopher Badgett filed this action pursuant to 42 U.S.C. § 1983 alleging that
Defendants Michael Lueneburg and Jonathan Steele violated his constitutional rights. At the final
pretrial conference held on November 9, 2018, Defendants requested that Walter DeJesus, one of
plaintiff’s witnesses who is currently incarcerated at Waupun Correctional Institution, testify by
video conference at the jury trial scheduled for November 26, 2018. The use of video conference
technology is permissible as a matter of discretion. Allen v. Wine, 297 F. App’x 524, 533 (7th Cir.
2008). The Seventh Circuit has recognized that “a witness may testify via video ‘for good cause in
compelling circumstances and with appropriate safeguards.’” Id. (citing Fed. R. Civ. P. 43(a)); see
also Stone v. Morris, 546 F.2d 730 (7th Cir. 1976). Plaintiff did not object to the Defendants’
request and noted that DeJesus is currently housed in segregation, suggesting concerns associated
with security as well as the costs and inconvenience of DeJesus’ transportation. In addition,
requiring Plaintiff’s witness to testify by video conference does not violate fundamental notions of
fairness since no other non-party witnesses will testify in person, as it appears the only witnesses

Defendants intend to call are the parties of this case. The court therefore concludes that good cause
exists to permit DeJesus to testify by video conference. The clerk is directed to issue appropriate
process for the video appearance of DeJesus.
SO ORDERED this 9th day of November, 2018.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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