United States of America v. Dyer
ORDER signed by Chief Judge Pamela Pepper on 4/26/2021 DENYING 65 defendant's motion for approval to litigate. (cc: all counsel)(cb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Case No. 19-cv-1319-pp
TODD A. DYER,
ORDER DENYING DEFENDANT’S MOTION FOR APPROVAL TO INITIATE,
PARTICIPATE IN OR CONTINUE LITIGATION IN ANY STATE OR FEDERAL
LAWSUIT OR APPEAL AGAINST ANY WITNESSES OR VICTIMS IN
CRIMINAL CASE NOS. 15-cr-115 (E.D. WIS.) AND 16-cr-100 (E.D. WIS.)
(DKT. NO. 65)
The defendant filed this motion seeking the court’s permission to
continue civil lawsuits against the victims and witnesses in his federal criminal
cases, United States v. Dyer, 15-cr-115 (E.D. Wis. 2015) and United States v.
Dyer, 16-cr-100 (E.D. Wis. 2016) (or to initiate suits in cases where his state
suits had been dismissed). Dkt. No. 65. As noted at the March 23, 2021
hearing, the court is stymied by this motion. It seeks leave to do what the
government filed this lawsuit to prevent the defendant from doing. If, after an
evidentiary hearing, the court rules in favor of the government, it will issue a
protective order preventing the defendant from doing what he asks to do in this
motion. If the court rules in the defendant’s favor after the evidentiary hearing,
he will not need to file a motion to litigate against the victims and witnesses of
his criminal convictions.
The court understands that the defendant insists he is innocent of the
charges in Case No. 15-cr-115. The court has noted, more than once, that that
issue has been decided. The defendant pled guilty to those charges. When the
court refused to allow him to withdraw his guilty plea, he appealed; the
Seventh Circuit affirmed his conviction. That ship has sailed, and the court has
said more than once that it will not allow the defendant to attack his criminal
conviction through this civil lawsuit.
The court also understands that the defendant says he wants to sue
victims/witnesses in Case No. 15-cr-115 for events that occurred after the date
on which the government alleged that his fraud in that case ended. See Dkt.
No. 65 at 5-7. But the defendant alleges that when prosecuting him in the
2015 fraud case, the government behaved inappropriately in alleging losses
that the defendant claims did not exist. This is nothing more than another way
of attempting to collaterally attack his conviction.
The court will resolve this lawsuit. There will be an evidentiary hearing,
after which the court either will grant the relief the government requests and
prohibit the defendant from initiating or continuing legal proceedings against
the victims or witnesses of his federal crimes, or it will deny that relief and the
defendant may proceed as he sees fit. The court will not short-circuit that
process via a defense motion seeking to do what the government seeks to
The court DENIES the defendant’s motion for approval to initiate,
participate in or continue litigation in any state or federal lawsuit or appeal
against any witnesses or victims in criminal case nos. 15-cr-115 (E.D. Wis) and
16-cr-100 (E.D. Wis.). Dkt. No. 65.
Dated in Milwaukee, Wisconsin this 26th day of April, 2021.
BY THE COURT:
HON. PAMELA PEPPER
Chief United States District Judge
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