Doss v. Sweetman et al

Filing 86

ORDER signed by Judge Pamela Pepper on 8/3/2017. Information regarding mediation process provided to plaintiff. 84 Letter request from plaintiff to be transferred to different institution DENIED. (cc: all counsel, via mail to Timothy Doss at Green Bay Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
TIMOTHY S. DOSS,
Plaintiff,
v.

Case No. 15-cv-6-pp

ERIC SWEETMAN, et al.,
Defendants.
______________________________________________________________________________
DECISION AND ORDER RESPONDING TO PLAINTIFF’S
REQUEST FOR INFORMATION ABOUT THE MEDIATION
PROCESS AND DENYING HIS REQUEST TO BE TRANSFERRED
TO A DIFFERENT INSTITUTION (DKT. NO. 84)
______________________________________________________________________________
At the request of the parties, the court recently entered an order referring
this case to Magistrate Judge Patricia Gorence for mediation. Dkt. No. 82. The
court since has received a letter from the plaintiff, requesting information
about the mediation process and asking the court to order that he be
transferred to a different maximum security prison. Dkt. No. 84.
With regard to the mediation process: the plaintiff asked the court to
recruit an attorney to represent him during the mediation. On August 2, Judge
Gorence signed an order requesting that Attorney Benjamin Reyes represent
the plaintiff for the purposes of mediation. Dkt. No. 85. Judge Gorence has
sent the plaintiff a representation agreement, which he will need to sign and
return to the court. Once he has returned that agreement, Judge Gorence will
then work with the parties’ attorneys to schedule a date for the mediation.

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With regard to the plaintiff’s request for a transfer, the court will deny
that request. The plaintiff explains that he recently was transferred back to
Green Bay Correctional from the Wisconsin Resource Center, and he’s afraid he
may be retaliated against because he is pursuing this case. The plaintiff is
asking the court to override the Department of Corrections’ decision to place
him at Green Bay, based on his fear that he might be retaliated against. He
provides no evidence to support his fear that “retaliation is very likely.” Dkt.
No. 84.
“[P]rison officials have broad administrative and discretionary authority
over the institutions they manage.” Westefer v. Neal, 682 F.3d 679, 683 (7th
Cir. 2012). Absent “substantial evidence in the record” that officials are
abusing their discretion, “courts should ordinarily defer to their expert
judgment . . . .” See Bell v. Wolfish, 441 U.S. 520, 548 (1979). The plaintiff has
not provided the court with any evidence to suggest that it should override the
Department of Corrections’ decision of where to house the plaintiff. The
plaintiff’s fear is insufficient on its own to justify such a significant intrusion by
the court.
Accordingly, the court DENIES the plaintiff’s letter request that he be
transferred to a different institution (Dkt. No. 84).
Dated in Milwaukee, Wisconsin this 3rd day of August, 2017.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge
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