Kingsley, Michael v. Raddatz, Kevin

Filing 49

ORDER denying plaintiff's 42 motion to stay the trial. Signed by District Judge Barbara B. Crabb on 9/4/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MICHAEL B. KINGSLEY,
ORDER
Plaintiff,
13-cv-432-bbc
v.
KEVIN RADDATZ,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Michael B. Kingsley is proceeding to trial on his claim that defendant Kevin
Raddatz used excessive force in violation of the Fourteenth Amendment when defendant
allegedly struck plaintiff at the county jail. On August 29, 2014, plaintiff filed a motion to
stay the trial on two grounds: (1) he is being released from prison on September 9, 2014
and trial preparation is easier when he is not incarcerated and (2) he has petitioned for a writ
of certiorari from the United States Supreme Court in Kingsley v. Hendrickson, 744 F.3d
443 (7th Cir. 2014), which addresses the issue of what standard to apply in excessive force
cases brought under the Fourteenth Amendment. Dkt. #42. Neither reason is a compelling
one for moving the trial date, especially one that is as close as the one in this case.
In Kingsley v. Hendrickson, 744 F.3d 443 (7th Cir. 2014), the Court of Appeals for

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the Seventh Circuit provided guidance for applying the due process clause of the Fourteenth
Amendment to claims of excessive force. Although this standard may be clarified or changed
by the United States Supreme Court, that possibility is extremely remote because the Court
only rarely grants petitions for certiorari. Therefore, plaintiff’s petition is not a sufficient
reason to delay the trial. Accordingly, I am denying plaintiff’s motion.

ORDER
IT IS ORDERED that plaintiff Michael B. Kingsley’s motion to stay the trial, dkt.
#42, is DENIED.
Entered this 4th day of September, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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