Johnson, Lorenzo v. Wienslo et al
ORDER that the clerk's office enter Michael Mishlove and Louis Butler of the law firm of Gonzalez, Saggio & Harlan as plaintiff's pro bono counsel of record and to set this case for a scheduling conference in July 2015, as the court's schedule allows. Signed by District Judge William M. Conley on 6/16/2015. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
LT. WIENSLO, LT. SABISH, LT. SCHENERDER,
SGT. BORAH, C.O. 2 LUNDHA, C.O. 2 GILLS,
MR. GREFF and C.O. 2 BEAHM,
Plaintiff Lorenzo Johnson filed this civil action pursuant to 42 U.S.C. § 1983,
alleging that the above named correctional officers and others employed by the
Wisconsin Department of Corrections at Waupun Correctional Institution violated his
Eighth Amendment rights by placing him in a feces-filled cell for three days.
plaintiff's request, the court recruited counsel Michael Mishlove and Louis Butler of the
law firm of Gonzalez, Saggio & Harlan in Milwaukee, Wisconsin, to represent him pro
bono for the remainder of this civil action. See 28 U.S.C. § 1915(e)(l) ("The court may
request an attorney to represent any person unable to afford counsel."); Pruitt v. Mote,
503 F.3d 647, 653-54 (7th Cir. 2007) (en bane) (noting that§ 1915(e)(l) confers, at
most, discretion "to recruit a lawyer to represent an indigent civil litigant pro bono
publico"). Accordingly, the court will enter her appearance as plaintiff's pro bono counsel
for the record.
The next step is for the court to hold a scheduling conference to reset the trial
date in this case.
Plaintiff's counsel should contact the Wisconsin Department of
Corrections for purposes of consulting with plaintiff in the preparation of his case
whether by phone and/or in person. So that counsel will have sufficient time to consult
with plaintiff in advance of a preliminary pretrial conference, the clerk's office will be
directed to set that conference in July 2015, as the court's schedule allows.
Finally, plaintiff should appreciate that his counsel took on this representation out
of a sense of professional responsibility, which includes representing zealously those
clients they take on. Now that he is represented by counsel, plaintiff is advised that in
return for representation plaintiff, too, has taken on a responsibility. For example, all
future communications with the court must be through his attorney of record. Plaintiff
must also work directly and cooperatively with his attorney, as well as those working at
her direction, and must permit them to exercise their professional judgment to determine
which matters are appropriate to bring to the court's attention and in what form.
Plaintiff does not have the right to require counsel to raise frivolous arguments or to
follow every directive he makes. On the contrary, plaintiff should expect his counsel to
tell him what he needs to hear, rather than what he might prefer to hear, and understand
that the rules of professional conduct may preclude counsel from taking certain actions or
permitting plaintiff from doing so.
If plaintiff decides at some point that he does not wish to work with his lawyers,
he is free to alert the court and end their representation, but he should be aware that it is
highly unlikely that the court will recruit a second set of attorneys to represent him.
IT IS ORDERED that the clerk's office enter Michael Mishlove and Louis Butler
of the law firm of Gonzalez, Saggio & Harlan as plaintiff's pro bono counsel of record and
to set this case for a scheduling conference in July 2015, as the court's schedule allows.
Entered this 16th day of June, 2015.
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