Riley v. Franke et al

Filing 68

ORDER signed by Judge J.P. Stadtmueller on 9/21/2018 DENYING 66 Plaintiff's Motion for Mediation and to Appoint Counsel for Same. (cc: all counsel, via mail to Shawn Riley at Wisconsin Secure Program Facility) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SHAWN RILEY,
Plaintiff,

Case No. 17-CV-891-JPS-JPS

v.

ORDER

JARED FRANKE,
Defendant.

On May 1, 2018, Defendants moved for summary judgment as to
each of Plaintiff’s claims. (Docket #30). The Court granted that motion with
respect to each defendant save Jared Franke (“Franke”), the correctional
officer who allegedly slammed Plaintiff’s hand in his cell trap door. (Docket
#58). A jury trial on that excessive force claim is scheduled for October 22,
2018. (Docket #59).
On September 20, 2018, Plaintiff filed a motion requesting that the
Court order mediation to occur and appoint him counsel for that purpose.
(Docket #66). He reasons that in its order on the motion for summary
judgment, the Court found facts in his favor. Id. This, in turn, suggests that
his case has merit and could be favorably settled. Id.
Plaintiff’s motion will be denied. First, in resolving the summary
judgment motion, the Court was required where possible to resolve factual
disputes in Plaintiff’s favor. Bridge v. New Holland Logansport, Inc., 815 F.3d
356, 360 (7th Cir. 2016). Thus, the Court was obliged to credit Plaintiff’s
account of the relevant events and discount Franke’s version. The jury is
not required to do this at trial; reasonable jurors could disbelieve Plaintiff

and find in Franke’s favor. The summary judgment decision is no indication
that the claim has true merit.
Second, the Court encourages parties to consider mediation in every
civil case, but its longstanding policy is to make a referral to a magistrate
judge for mediation only when all parties agree to do so. Plaintiff cannot
unilaterally ask for a mediation referral. He was informed of this policy in
the original scheduling order, issued in October of last year, (Docket #19 at
3–4), and reminded of it in the more recent trial scheduling order, issued on
August 3, 2018, (Docket #59 at 6–7).
Accordingly,
IT IS ORDERED that Plaintiff’s motion for mediation and
appointment of counsel for that purpose (Docket #66) be and the same is
hereby DENIED.
Dated at Milwaukee, Wisconsin, this 21st day of September, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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