Thomas, Darreyll v. Reese, Michael et al

Filing 163

Transmission of Notice of Appeal, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 161 Notice of Appeal. (Attachments: # 1 Order #138, # 2 Order #158, # 3 Judgment, # 4 Docket Sheet) (nln),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:13−cv−00597−wmc
Thomas, Darreyll v. Reese, Michael et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Case in other court: Seventh Circuit Court of Appeals,
14−03406
Cause: 42:1983 Prisoner Civil Rights
Plaintiff
Darreyll T. Thomas

Date Filed: 08/26/2013
Date Terminated: 04/03/2017
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

represented by Darreyll T. Thomas
442896
Redgranite Correctional Institution
1006 County Rd. EE
P.O. Box 925
Redgranite, WI 54970−0925
(608) 742−9100
PRO SE
Patrick F. Koenen
Hinshaw & Culbertson LLP
100 West Lawrence St.
Appleton, WI 54911
920−738−7550
Fax: 920−738−9294
Email: [e-mail]
TERMINATED: 11/15/2016
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Deputy Michael Reese

represented by Ann Emmerich
Bell, Moore & Richter, S.C.
44 East Mifflin Street, Suite 1000
P.O. Box 1807
Madison, WI 53701
608−257−3764
Fax: 608−257−3757
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Timothy J. Yanacheck
Bell, Moore & Richter, SC
44 East Mifflin Street
PO Box 1807
Madison, WI 53701−1807
608−257−3764
Fax: 608−257−3757
Email: [e-mail]
TERMINATED: 06/16/2015
LEAD ATTORNEY
Sheila M. Sullivan
Bell, Moore & Richter, S.C.
44 East Mifflin Street, Suite 1000
P.O. Box 1807

Madison, WI 53701
608−259−2315
Fax: 608−257−3757
Email: [e-mail]
ATTORNEY TO BE NOTICED
Defendant
Deputy Robin Hampton

represented by Ann Emmerich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Timothy J. Yanacheck
(See above for address)
TERMINATED: 06/16/2015
LEAD ATTORNEY
Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Deputy Rob Van Norman

represented by Ann Emmerich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Timothy J. Yanacheck
(See above for address)
TERMINATED: 06/16/2015
LEAD ATTORNEY
Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Deputy Christopher Larsh

represented by Ann Emmerich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Timothy J. Yanacheck
(See above for address)
TERMINATED: 06/16/2015
LEAD ATTORNEY
Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Dane County Jail
(D.C.J.)
TERMINATED: 04/24/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Prison Health Services Inc.
TERMINATED: 04/24/2014
Defendant

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Dane County − Madison, WI
TERMINATED: 04/24/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Madison Police Department
TERMINATED: 04/24/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Department of Corrections
TERMINATED: 04/24/2014

represented by Corey Francis Finkelmeyer
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
(608) 266−7342
Fax: (608) 267−8906
Email: [e-mail]
TERMINATED: 05/29/2014
LEAD ATTORNEY
Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
C.C.I. Dept. / Health Serv. Unit
TERMINATED: 04/24/2014

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Dane County Jail Administrator

represented by Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
John Does 1−5

represented by Ann Emmerich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Jonathan Triggs

represented by Ann Emmerich
Bell, Moore & Richter, S.C.
345 West Washington Avenue, Suite 302
Madison, WI 53703−3007
608−257−3764
Fax: 608−257−3757
Email: [e-mail]
ATTORNEY TO BE NOTICED
Sheila M. Sullivan
Bell, Moore & Richter, S.C.
345 West Washington Avenue, Suite 302
Madison, WI 53703−3007
608−259−2315
Fax: 608−257−3757
Email: [e-mail]

ATTORNEY TO BE NOTICED
Defendant
Cindy Schuller

represented by Ann Emmerich
(See above for address)
ATTORNEY TO BE NOTICED
Sheila M. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

08/26/2013

1 COMPLAINT against All Defendants, filed by Darreyll T. Thomas. (Case randomly
assigned to District Judge William M. Conley.) (Attachments:
# 1 Summons,
# 2 Envelope) (jef) (Entered: 08/26/2013)

08/26/2013

2 Motion for Assistance in Recruiting Counsel by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Attorney rejection letters (5)) (jef),(ps) (Entered: 08/26/2013)

08/26/2013

3 Motion for Leave to Proceed in forma pauperis and for Use of Release Account Funds
by Plaintiff Darreyll T. Thomas. (jef),(ps) Modified text on 8/29/2013 (jef). Modified
on 8/29/2013 (jef). (Entered: 08/26/2013)

08/26/2013

4 Prisoner Trust Fund Account Statement by Plaintiff Darreyll T. Thomas. (jef),(ps)
(Entered: 08/26/2013)

09/04/2013

5 ORDER denying 2 Motion for Assistance in Recruiting Counsel; granting 3 Motion
for Leave to Proceed without prepayment of fees, granting in part 3 motion to use
release account funds. Initial partial filing fee of $ 72.20 assessed. (Fee due
9/25/2013.) Signed by Magistrate Judge Peter A. Oppeneer on 9/4/2013. (jef),(ps)
(Entered: 09/04/2013)

09/18/2013

6 Brief in Support re 1 Complaint by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 09/18/2013)

09/18/2013

Partial Filing fee received : $ 72.20, receipt number 34690018265 (elc),(ps) (Entered:
09/18/2013)

09/18/2013

Motion for In Forma Pauperis Screening. (elc),(ps) (Entered: 09/18/2013)

09/18/2013

7 Warden PLRA Letter. (elc),(ps) (Entered: 09/18/2013)

10/30/2013

8 Motion for Assistance in Recruiting Counsel by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Correspondence from Dane County Sheriff's Office,
# 2 Envelope) (jaf),(ps) (Entered: 10/30/2013)

10/31/2013

9 ORDER denying 8 Motion for Assistance in Recruiting Counsel. Signed by District
Judge William M. Conley on 10/31/2013. (jef),(ps) (Entered: 10/31/2013)

12/11/2013

10 Letter from Darreyll Thomas regarding next steps (Attachments:
# 1 Envelope) (jaf),(ps) (Entered: 12/11/2013)

01/03/2014

11 Motion for Protective Order to preserve video tape evidence by Plaintiff Darreyll T.
Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) Modified docket text on 1/3/2014 (elc). (Entered: 01/03/2014)

01/03/2014

12 Brief in Support of 11 Motion for Protective Order by Plaintiff Darreyll T. Thomas
(Attachments:
# 1 Exhibit Table of Contents,
# 2 Exhibit A − Letters to Records Dept,
# 3 Exhibit B − Dane Co. Sheriff's Office Response,
# 4 Exhibit D − Letter to Sheriff Mahoney,

# 5 Exhibit E − Letter to Chief Noble Wray,
# 6 Exhibit F − Letter to Commissioner Herrick,
# 7 Exhibit G − Letter to AG Van Hollen,
# 8 Exhibit H − Letter to Administrator O'Keefe) (jaf),(ps) (Entered: 01/03/2014)
01/03/2014

13 Prisoner Trust Fund Account Statement by Plaintiff Darreyll T. Thomas (jaf),(ps)
(Entered: 01/03/2014)

01/03/2014

14 Motion for Declaratory Judgment by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) (Entered: 01/03/2014)

01/03/2014

15 Brief in Support of 14 Motion for Declaratory Judgment by Plaintiff Darreyll T.
Thomas (jaf),(ps) (Entered: 01/03/2014)

02/12/2014

16 Letter from Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) (Entered: 02/12/2014)

02/13/2014

17 ** TEXT ONLY ORDER **
Plaintiff Darreyll T. Thomas has filed a motion for a protective order seeking
discovery of videotape evidence in possession of the Dane County Sheriff's Office.
(Dkt. # 11 ). He has also filed a motion for a declaratory judgment. (Dkt. # 14 ). The
court will consider the request for declaratory relief as a supplement to the complaint,
which is currently under consideration for screening pursuant to 28 U.S.C. § 1915A.
All discovery is STAYED until after the court has completed the screening process
and there has been a preliminary pretrial conference, if necessary, in this case. Signed
by District Judge William M. Conley on 2/13/2014. (elc),(ps) (Entered: 02/13/2014)

02/21/2014

18 Letter from clerk's office in response to 16 Letter from Plaintiff Darreyll T. Thomas.
(elc),(ps) (Entered: 02/21/2014)

04/24/2014

19 AMENDED COMPLAINT against Robin Hampton, Christopher Larsh, Michael
Reese, Rob Van Norman, Dane County Jail Administrator, John Does 1−5, filed by
Darreyll T. Thomas. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 04/24/2014)

05/06/2014

20 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants
John Does 1−5, Robin Hampton, Christopher Larsh, Michael Reese, Rob Van
Norman. Leave to proceed denied and case dismissed against Dane County Jail
Administrator. Service to be made by USMS. Thomas's request for leave to proceed
with any of his remaining claims is DENIED. Signed by District Judge William M.
Conley on 5/6/2014. (jef),(ps) (Entered: 05/06/2014)

05/07/2014

21 Summons Issued as to Robin Hampton, Christopher Larsh, Michael Reese, Rob Van
Norman. Forwarded to USMS for service. (Attachments:
# 1 Summons as to Hampton,
# 2 Summons as to Van Norman,
# 3 Summons as to Larsh) (jef),(ps) (Entered: 05/07/2014)

05/16/2014

22 Motion for Reconsideration re 20 Order, by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 05/16/2014)

05/19/2014

23 ORDER denying plaintiff Darreyll T. Thomas's 22 motion for reconsideration
regarding his request to proceed with a deliberate−indifference claim and granting
Thomas's 22 request for clarification of the screening order. Thomas may proceed with
claims of excessive−force and/or failure to intervene against defendants Michael
Reese, Robin Hampton, Robert Van Norman, Christopher Larsh and John Does 1
through 5. Thomas may also proceed with claims of retaliation and state law battery
against defendant Reese. Thomas's request for leave to proceed with a state law
negligence claim is denied. Signed by District Judge William M. Conley on 5/19/2014.
(jef),(ps) (Entered: 05/19/2014)

05/23/2014

24 ANSWER to Amended Complaint by Defendants Robin Hampton, Christopher Larsh,
Michael Reese, Rob Van Norman. (Attachments:
# 1 Certificate of Service) (Yanacheck, Timothy),(ps) (Entered: 05/23/2014)

05/23/2014

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 6/12/2014 at
01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendants
responsible for setting up the call to chambers at (608) 264−5153. [Notice Regarding
the Telephone Preliminary Pretrial Conference attached] (elc),(ps) (Entered:
05/23/2014)

05/29/2014

25 Motion for Appointment of Counsel by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Attorney Rejection Letters,
# 2 Cover Letter,
# 3 Envelope) (elc),(ps) (Entered: 05/29/2014)

05/29/2014

26 Declaration of Darreyll T. Thomasre: 25 Motion for Appointment of Counsel.
(elc),(ps) (Entered: 05/29/2014)

05/29/2014

27 Motion to Alter or Amend 23 Order entered May 19, 2014 by Plaintiff Darreyll T.
Thomas. (Attachments:
# 1 Cover Letter) (elc),(ps) (Entered: 05/29/2014)

06/02/2014

28 Marshal Service Return Executed. Robin Hampton served on 5/19/2014; Christopher
Larsh served on 5/19/2014; Michael Reese served on 5/19/2014; and Rob Van Norman
served on 5/19/2014. (Attachments:
# 1 Process Receipt and Return as to Van Norman,
# 2 Process Receipt and Return as to Reese,
# 3 Process Receipt and Return as to Hampton) (nln),(ps) (Entered: 06/02/2014)

06/02/2014

29 ORDER denying plaintiff's 25 Motion for Counsel without prejudice as to later
reconsideration. Signed by District Judge William M. Conley on 6/2/2014. (jef),(ps)
(Entered: 06/02/2014)

06/02/2014

30 ** TEXT ONLY ORDER **
Plaintiff Darreyll T. Thomas has filed a motion to alter or amend a decision denying
his motion for reconsideration of the screening order in this case. He now appears to
claim that certain defendants denied him adequate medical care with deliberate
indifference by assigning him to a top bunk at the Jail. The court has allowed Thomas
to proceed with his claim that certain defendants violated his rights under the Eighth
Amendment by using force against him or failing to intervene, among other things,
after Thomas refused to accept an assignment to the top bunk. Thomas's contention
appears to be that he was justified in refusing to accept the top bunk for medical
reasons and that the defendants were wrong to use force against him as a result. But
Thomas may make this argument in the context of his excessive−force claim without
raising a separate claim for deliberate indifference or negligence where his bunk
assignment is concerned. Accordingly, for the same reasons already stated in this case,
Thomas does not allege facts showing that he has a separate claim for deliberate
indifference or negligence with respect to his bunk assignment. Therefore, his motion
to alter or amend (dkt. # 27 ) is DENIED. Signed by District Judge William M. Conley
on 6/2/2014. (jef),(ps) (Entered: 06/02/2014)

06/12/2014

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 6/12/2014 [:35] (cak),(ps)
(Entered: 06/12/2014)

06/16/2014

31 Pretrial Conference Order − Amended Complaint Naming Doe Defendants due
8/15/2014. Answer to Amended Complaint due 9/5/2014. Dispositive Motions for
Failure to Exhaust Administrative Remedies due 7/25/2014. Dispositive Motions due
3/13/2015. Rule 26(a)(3) Disclosures and all motions in limine due 9/4/2015.
Objections due 9/18/2015. Final Pretrial Conference set for 9/28/2015 at 08:30 AM.
Jury Selection and Trial set for 9/28/2015 at 09:00 AM. Signed by Magistrate Judge
Stephen L. Crocker on 6/13/2014. (jef),(ps) (Entered: 06/16/2014)

06/23/2014

32 Declaration of Darreyll T. Thomas in Support of Dane County Jail Administrator
Liability. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 06/23/2014)

07/24/2014

33 Notice of Appearance filed by Sheila M. Sullivan for Defendants John Does 1−5,
Robin Hampton, Christopher Larsh, Michael Reese, Rob Van Norman. (Attachments:
# 1 Certificate of Service) (Sullivan, Sheila),(ps) (Entered: 07/24/2014)

07/24/2014

34 MOTION TO DISMISS for Failure to Exhaust Pursuant to 42 U.S.C. by
Defendants C.C.I. Dept. / Health Serv. Unit, Dane County − Madison, WI, Dane
County Jail, Dane County Jail Administrator, Department of Corrections, John Does
1−5, Robin Hampton, Christopher Larsh, Madison Police Department, Prison Health
Services Inc., Michael Reese, Rob Van Norman. (Sullivan, Sheila),(ps) (Entered:
07/24/2014)

07/24/2014

35 Brief in Support of 34 Motion to Dismiss for Failure to Exhaust by Defendants C.C.I.
Dept. / Health Serv. Unit, Dane County − Madison, WI, Dane County Jail, Dane
County Jail Administrator, Department of Corrections, John Does 1−5, Robin
Hampton, Christopher Larsh, Madison Police Department, Prison Health Services Inc.,
Michael Reese, Rob Van Norman. (Sullivan, Sheila),(ps) (Entered: 07/24/2014)

07/24/2014

36 Affidavit of Michael Statz filed by Defendants C.C.I. Dept. / Health Serv. Unit, Dane
County − Madison, WI, Dane County Jail, Dane County Jail Administrator,
Department of Corrections, John Does 1−5, Robin Hampton, Christopher Larsh,
Madison Police Department, Prison Health Services Inc., Michael Reese, Rob Van
Norman re: 34 Motion to Dismiss, (Attachments:
# 1 Exhibit A − Acknowledgement of Receipt − Handbook,
# 2 Exhibit B − Inmate Handbook,
# 3 Exhibit C − Notice of Disciplinary Hearing & Rights) (Sullivan, Sheila),(ps)
(Entered: 07/24/2014)

07/24/2014

37 Certificate of Service by Defendants C.C.I. Dept. / Health Serv. Unit, Dane County −
Madison, WI, Dane County Jail, Dane County Jail Administrator, Department of
Corrections, John Does 1−5, Robin Hampton, Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Rob Van Norman. (Sullivan,
Sheila),(ps) (Entered: 07/24/2014)

07/24/2014

Set Deadlines as to 34 MOTION TO DISMISS for Failure to Exhaust Administrative
Remedies. Plaintiff's Brief in Opposition due 8/15/2014. Defendants' Brief in Reply
due 8/22/2014. (elc),(ps) (Entered: 07/24/2014)

07/25/2014

38 Motion for Recruitment of Counsel by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) (Entered: 07/25/2014)

07/25/2014

39 Declaration of Darreyll Thomas re: 38 Motion for Recruitment of Counsel.
(Attachments:
# 1 Attorney Rejection Letters) (elc),(ps) (Entered: 07/25/2014)

07/29/2014

40 Brief in Opposition by Plaintiff Darreyll T. Thomas re: 34 Motion to Dismiss, filed by
Dane County − Madison, WI, Rob Van Norman, Robin Hampton, C.C.I. Dept. /
Health Serv. Unit, Department of Corrections, Madison Police Department, Dane
County Jail, John Does 1−5, Dane County Jail Administrator, Prison Health Services
Inc., Christopher Larsh, Michael Reese (Attachments:
# 1 Exhibit 3 − Dane County Sheriff's Office Jail Log,
# 2 Exhibit 4 − June 23, 2014 Letter to Attorney Yanacheck,
# 3 Cover Letter and Envelope) (elc),(ps) (Entered: 07/29/2014)

07/29/2014

41 Motion to Freeze, Seize and/or Lien Defendants' Assets by Plaintiff Darreyll T.
Thomas. (Attachments:
# 1 Cover Letter) (elc),(ps) (Entered: 07/29/2014)

07/29/2014

42 Motion to Compel by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter) (elc),(ps) (Entered: 07/29/2014)

07/29/2014

43 Brief in Support of 42 Motion to Compel by Plaintiff Darreyll T. Thomas (elc),(ps)
(Entered: 07/29/2014)

07/29/2014

44 Declaration of Darreyll T. Thomas re: 42 Motion to Compel. (Attachments:
# 1 Exhibit 1 − Plaintiff's First Set of Interrogatories and Requests for Production,
# 2 Exhibit 2 − Letters from Plaintiff to Attorney Yanacheck) (elc),(ps) (Entered:
07/29/2014)

07/29/2014

45 Handwritten Declaration of Darreyll Thomas in support of 42 Motion to Compel.
(elc),(ps) (Entered: 07/29/2014)

07/29/2014

46 Declaration of Darreyll T. Thomas in Support of Dane County Jail Administrator
Liability and Request that the Court Reinstate the Dane County Jail Administrator as a
Defendant. (elc),(ps) (Entered: 07/29/2014)

08/06/2014

47 ORDER granting defendants' 34 Motion to Dismiss. The complaint is DISMISSED
without prejudice for plaintiff Darreyll T. Thomas's failure to exhaust available
administrative remedies as required by 42 U.S.C. § 1997e(a). The clerk's office is
directed to close this case and to terminate all pending motions. Plaintiff may move to
reopen this case within thirty days of the date of this order if he presents evidence
showing that he exhausted administrative remedies at the Dane County Jail. If plaintiff
fails to so move, the clerk's office is directed to enter judgment dismissing this case.
Signed by District Judge William M. Conley on 8/6/2014. (jef),(ps) (Entered:
08/06/2014)

08/06/2014

Pursuant to the dkt. 47 order, this case is closed and all pending motions are
terminated. (jef),(ps) (Entered: 08/06/2014)

08/26/2014

48 Motion to Reopen Case and Motion for Reconsideration with Brief in Support by
Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 08/26/2014)

08/26/2014

49 Declaration in Support of 48 Motion to Reopen Case and Motion for Reconsideration
by Plaintiff Darreyll Thomas. (nln),(ps) (Entered: 08/26/2014)

08/27/2014

Set Briefing Deadlines as to 48 Motion to Reopen Case and Motion for
Reconsideration. Defendants' Brief in Opposition due 9/8/2014. (nln),(ps) (Entered:
08/27/2014)

09/08/2014

50 Brief in Opposition by Defendants C.C.I. Dept. / Health Serv. Unit, Dane County −
Madison, WI, Dane County Jail, Dane County Jail Administrator, Department of
Corrections, John Does 1−5, Robin Hampton, Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Rob Van Norman re: 48
Motion to Reopen Case filed by Darreyll T. Thomas (Attachments:
# 1 Certificate of Service) (Sullivan, Sheila),(ps) (Entered: 09/08/2014)

10/02/2014

51 ORDER denying plaintiff Darreyl T. Thomas's 48 Motion to Reopen Case. The clerk's
office will enter judgment in favor of defendants and close this case. Signed by District
Judge William M. Conley on 10/2/2014. (jef),(ps) (Entered: 10/02/2014)

10/02/2014

52 JUDGMENT entered in favor of defendants dismissing this case. (PAO/jef). (jef),(ps)
(Entered: 10/02/2014)

10/07/2014

53 Affidavit of Darreyll Thomas. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 10/07/2014)

10/14/2014

54 Motion for Reconsideration by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 10/14/2014)

10/15/2014

55 ORDER denying plaintiff's 54 Motion for Reconsideration. Signed by District Judge
William M. Conley on 10/15/2014. (jef),(ps) (Entered: 10/15/2014)

10/17/2014

56 Motion for Recusal by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 10/17/2014)

10/28/2014

57 ** TEXT ONLY ORDER **
On August 6, 2014, the court granted defendants' motion to dismiss the prisoner civil
rights case filed by plaintiff Darreyll T. Thomas. Thereafter, the court denied Thomas's
motion to reopen and his motion for reconsideration. Citing the court's adverse rulings,
Thomas has now filed a motion asking the court to recuse itself from this case. The
motion must be denied for two reasons. First, adverse judicial rulings are not evidence
of bias or prejudice and do not require recusal. Liteky v. United States, 510 U.S. 540,
555 (1994); Brokaw v. Mercer County, 235 F.3d 1000, 1025 (7th Cir. 2000). Plaintiff
does not otherwise show that disqualification is required pursuant to 28 U.S.C. §§ 144,
455. Second, this case is now closed, meaning that there is nothing left to decide. As

such, plaintiff's motion is moot. Therefore, plaintiff's motion to recuse (dkt. # 56 ) is
DENIED. Signed by District Judge William M. Conley on 10/28/2014. (elc),(ps)
(Entered: 10/28/2014)
10/29/2014

58 NOTICE OF APPEAL by Plaintiff Darreyll T. Thomas as to 52 Judgment, 51 Order
on Motion to Reopen Case. In forma pauperis requested. Docketing Statement filed.
(Attachments:
# 1 Docketing Statement,
# 2 Cover Letter,
# 3 Envelope) (jef),(ps) (Entered: 10/30/2014)

10/29/2014

59 Motion for Use of Release Account Funds by Plaintiff Darreyll T. Thomas. (jef),(ps)
(Entered: 10/30/2014)

10/29/2014

60 Affidavit of Darreyll Thomas re 58 Notice of Appeal. (jef),(ps) (Main Document 60
replaced on 10/31/2014) (jef). (Entered: 10/30/2014)

10/29/2014

61 Prisoner Trust Fund Account Statement by Plaintiff Darreyll T. Thomas. (jef),(ps)
(Additional attachment(s) added on 10/30/2014:
# 1 IPP Calculation) (jef). (Entered: 10/30/2014)

10/30/2014

62 Appeal Information Packet. (jef),(ps) (Entered: 10/30/2014)

10/30/2014

63 Transmission of Notice of Appeal, Docketing Statement, Appeal Information Sheet,
Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 58 Notice of
Appeal. (Attachments:
# 1 Information sheet,
# 2 Docketing Statement,
# 3 Dkt. 47 Order, Aug. 6, 2014,
# 4 Dkt. 51 Order, Oct. 2, 2014,
# 5 Dkt. 52 Judgment, Oct. 2 2014,
# 6 Dkt. 55 Order, Oct. 15, 2014,
# 7 Docket sheet) (jef),(ps) (Entered: 10/30/2014)

10/30/2014

USCA Case Number 14−3406 for 58 Notice of Appeal, filed by Darreyll T. Thomas.
(jef),(ps) (Entered: 10/30/2014)

10/31/2014

64 ORDER granting plaintiff's 59 motion for leave to proceed in forma pauperis on
appeal, granting in part plaintiff's 59 motion for use of release account funds. Initial
Partial Appeal Filing Fee of $96.18 due November 21, 2014. Signed by District Judge
William M. Conley on 10/31/2014. (jef),(ps) (Entered: 10/31/2014)

11/05/2014

Appeal Initial Partial Filing fee received : $96.18, receipt number 34690021518.
(nln),(ps) (Entered: 11/05/2014)

11/05/2014

65 Warden Appeal PLRA Letter. (nln),(ps) (Entered: 11/05/2014)

11/06/2014

66 Letter requesting Practitioner's Handbook for Appeals to the United States Court of
Appeals for the Seventh Circuit, Federal Rules of Appellate Procedure and forms by
plaintiff Darreyll T. Thomas. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 11/06/2014)

11/10/2014

67 Letter from Clerk's Office in response to 66 letter requesting Practitioner's Handbook
for Appeals to the United States Court of Appeals for the Seventh Circuit, Federal
Rules of Appellate Procedure and forms by plaintiff Darreyll T. Thomas. (nln),(ps)
(Entered: 11/10/2014)

11/10/2014

68 Declaration of Darreyll Thomas. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 11/10/2014)

11/10/2014

69 Transcript Request Form by Plaintiff Darreyll T. Thomas re 58 Notice of Appeal.
(Attachments:
# 1 Cover Letter) (jef),(ps) (Entered: 11/10/2014)

11/10/2014

70 Exhibit #5 − Dane Co. Sheriff Office correspondence dated August 6, 2012 denying
record request, filed by Darreyll T. Thomas. (Attachments:
# 1 Cover Letter) (jef),(ps) (Entered: 11/10/2014)

11/12/2014

71 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re: 58
Notice of Appeal by Plaintiff Darreyll T. Thomas. (arw),(ps) (Entered: 11/12/2014)

02/23/2015

72 Certified and Transmitted Record on Appeal to US Court of Appeals re 58 Notice of
Appeal. (Attachments:
# 1 Certification) (nln),(ps) (Entered: 02/23/2015)

06/15/2015

73 Renewed Motion for Assistance in Recruiting Counsel by Plaintiff Darreyll T.
Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 06/15/2015)

06/15/2015

74 Declaration of Darreyll T. Thomas re: 73 Renewed Motion for Assistance in
Recruiting Counsel (Attachments:
# 1 Appendix of Attachments,
# 2 Care Notes and Psychiatric Reports (redacted),
# 3 Attorney Rejection Letter) (elc),(ps) (Entered: 06/15/2015)

06/16/2015

75 Notice by Defendants John Does 1−5, Robin Hampton, Christopher Larsh, Michael
Reese, Rob Van Norman of Substitution of Counsel. (Attachments:
# 1 Certificate of Service) (Emmerich, Ann),(ps) (Entered: 06/16/2015)

06/19/2015

76 Declaration of Darreyll T. Thomas in Support of Cost Return by Defendants filed by
Plaintiff Darreyll T. Thomas (Attachments:
# 1 copy of Seventh Circuit Court of Appeals Final Judgment dated 6/01/15,
# 2 Disbursement Requests, Trust Fund Account Statement from 10/22/14 to 6/01/15
(redacted); Certified Trust Fund Account Statement from 12/12/14 to 6/12/15
(redacted),
# 3 Certificate of Service,
# 4 Envelope) (nln),(ps) Note: NEF also transmitted to Seventh Circuit Court of
Appeals. (Entered: 06/19/2015)

06/23/2015

77 JUDGMENT from USCA reversing, with costs, and remanding as to 58 Notice of
Appeal, filed by Darreyll T. Thomas. No record to be returned. (Attachments:
# 1 Appellate Opinion,
# 2 Mandate) (jef),(ps) (Entered: 06/23/2015)

06/23/2015

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for
7/23/2015 at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for
Defendants responsible for setting up the call to chambers at (608) 264−5153. [Notice
Regarding the Telephone Preliminary Pretrial Conference attached] (jef),(ps) (Entered:
06/23/2015)

07/09/2015

78 Second Request for Interrogatories and Admissions by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 07/09/2015)

07/09/2015

79 Letter from plaintiff to Attorney Emmerich regarding discovery request sent on June 6,
2015. (Attachments:
# 1 First Set of Interrogatories and Request for Production with Cover Letter,
# 2 First Request for Admissions with Cover Letter) (elc),(ps) (Entered: 07/09/2015)

07/13/2015

80 ORDER from USCA that costs are awarded to plaintiff/appellant in the amount of
$527.60 as to 58 Notice of Appeal, filed by Darreyll T. Thomas. (Attachments:
# 1 Certified Bill of Costs) (elc),(ps) (Entered: 07/13/2015)

07/29/2015

81 Pretrial Conference Order − Amended Complaint Naming Doe Defendants due
9/22/2015. Answer to Amended Complaint due 10/13/2015. Dispositive Motions due
2/29/2016. Rule 26(a)(3) Disclosures and all motions in limine due 8/26/2016.
Objections due 9/9/2016. Final Pretrial Conference set for 9/19/2016 at 08:30 AM.
Jury Selection and Trial set for 9/19/2016 at 09:00 AM. Signed by Magistrate Judge
Stephen L. Crocker on 7/29/2015. (jef),(ps) Modified docket text on 7/29/2015 (nln).
(Entered: 07/29/2015)

07/30/2015

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 7/23/2015 [:15] (cak),(ps)
(Entered: 07/30/2015)

08/06/2015

82 Letter from Plaintiff Darreyll T. Thomas requesting status update on 73 Renewed
Motion for Assistance in Recruiting Counsel. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (nln),(ps) (Entered: 08/06/2015)

08/06/2015

83 Letter from Clerk's Office in response to 82 letter from plaintiff Darreyll T. Thomas
requesting status update on renewed motion for sssistance in recruiting counsel.
(nln),(ps) (Entered: 08/06/2015)

08/26/2015

84 Answer to Interrogatories from Plaintiff by Defendants John Does 1−5, Robin
Hampton, Christopher Larsh, Michael Reese, Rob Van Norman. (Attachments:
# 1 Response to Request for Production No. 1,
# 2 Response to Interrogatory No. 2 and Request for Production No. 4,
# 3 Response to Interrogatory No. 3 and Request for Production No. 4,
# 4 Response to Interrogatory No. 4 and Request for Production No. 6,
# 5 Response to Request for Production No. 4,
# 6 Response to Interrogatory No. 5 and Request for Production No. 8,
# 7 Response to Request for Production No. 7,
# 8 Response to Request for Production No. 9,
# 9 Response to Request for Production No. 12) (Emmerich, Ann),(ps) Modified on
8/27/2015: Clarified exhibit descriptions. (lak) (Entered: 08/26/2015)

08/26/2015

85 Response to Discovery Request from Defendants by Defendants John Does 1−5,
Robin Hampton, Christopher Larsh, Michael Reese, Rob Van Norman. (Emmerich,
Ann),(ps) (Entered: 08/26/2015)

08/26/2015

86 Supplement (Cover Letter) to 84 Answer to Interrogatories, filed by Rob Van Norman,
Robin Hampton, John Does 1−5, Christopher Larsh, Michael Reese, 85 Response to
Discovery filed by Rob Van Norman, Robin Hampton, John Does 1−5, Christopher
Larsh, Michael Reese, (Attachments:
# 1 Certificate of Service) (Emmerich, Ann),(ps) Modified on 8/27/2015. (lak)
(Entered: 08/26/2015)

08/26/2015

87 Motion to Compel by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) (Entered: 08/27/2015)

08/26/2015

88 Declaration of Darreyll Thomas re 87 Motion to Compel
and Motion for Shiffra Hearing by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 1st set of interrogatories and requests for production,
# 2 1st request for admissions,
# 3 2nd request for interrogatories and admissions) (jef),(ps) (Entered: 08/27/2015)

08/26/2015

89 Brief in Support of 87 Motion to Compel by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Short appendix − Answer to amended complaint and exhibits 1−14 (discovery
correspondence)) (jef),(ps) (Entered: 08/27/2015)

08/26/2015

90 Offer of Proof re 87 Motion to Compel by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Short appendix − Exhibits 15,16 −Deputy reports for incidents, inmate medical
history) (jef),(ps) (Entered: 08/27/2015)

08/26/2015

91 Motion in Limine by Plaintiff Darreyll T. Thomas. (jef),(ps) (Entered: 08/27/2015)

08/27/2015

Set Briefing as to Plaintiff's 87 Motion to Compel, 88 Motion for Hearing and 91
Motion in Limine. Defendants' Brief in Opposition due 9/4/2015. Plaintiff's Brief in
Reply due 9/14/2015. (jef),(ps) (Entered: 08/27/2015)

08/27/2015

92 ORDER denying plaintiff's 73 Motion for Assistance in Recruiting Counsel without
prejudice. Signed by District Judge William M. Conley on 8/27/2015. (jef),(ps)
(Entered: 08/27/2015)

08/28/2015

93 Letter from Plaintiff to postpone ruling on motion for recruitment of counsel.
(Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 08/28/2015)

08/28/2015

94 Motion for Protective Order by Defendants C.C.I. Dept. / Health Serv. Unit, Dane
County − Madison, WI, Dane County Jail, Dane County Jail Administrator,
Department of Corrections, John Does 1−5, Robin Hampton, Christopher Larsh,
Madison Police Department, Prison Health Services Inc., Michael Reese, Rob Van
Norman. (Sullivan, Sheila),(ps) (Entered: 08/28/2015)

08/28/2015

95 Brief in Support of 94 Motion for Protective Order, by Defendants C.C.I. Dept. /
Health Serv. Unit, Dane County − Madison, WI, Dane County Jail, Dane County Jail
Administrator, Department of Corrections, John Does 1−5, Robin Hampton,
Christopher Larsh, Madison Police Department, Prison Health Services Inc., Michael
Reese, Rob Van Norman. (Sullivan, Sheila),(ps) (Entered: 08/28/2015)

08/28/2015

96 Affidavit of Krist Boldt filed by Defendants C.C.I. Dept. / Health Serv. Unit, Dane
County − Madison, WI, Dane County Jail, Dane County Jail Administrator,
Department of Corrections, John Does 1−5, Robin Hampton, Christopher Larsh,
Madison Police Department, Prison Health Services Inc., Michael Reese, Rob Van
Norman re: 94 Motion for Protective Order. (Sullivan, Sheila),(ps) (Entered:
08/28/2015)

08/28/2015

97 Certificate of Service by Defendants C.C.I. Dept. / Health Serv. Unit, Dane County −
Madison, WI, Dane County Jail, Dane County Jail Administrator, Department of
Corrections, John Does 1−5, Robin Hampton, Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Rob Van Norman as to 94
Motion for Protective Order, 95 Brief in Support, 96 Affidavit. (Sullivan, Sheila),(ps)
(Entered: 08/28/2015)

08/31/2015

Set Deadlines as to 94 Motion for Protective Order . Plaintiff's Brief in Opposition due
9/10/2015. Defendants' Brief in Reply due 9/17/2015. (elc),(ps) (Entered: 08/31/2015)

09/03/2015

98 Brief in Opposition by Defendants C.C.I. Dept. / Health Serv. Unit, Dane County −
Madison, WI, Dane County Jail, Dane County Jail Administrator, Department of
Corrections, John Does 1−5, Robin Hampton, Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Rob Van Norman re: 91
Motion in Limine filed by Darreyll T. Thomas, 87 Motion to Compel filed by Darreyll
T. Thomas, 88 Motion for Hearing, filed by Darreyll T. Thomas (Attachments:
# 1 Certificate of Service) (Sullivan, Sheila),(ps) (Entered: 09/03/2015)

09/10/2015

99 Brief in Reply by Plaintiff Darreyll T. Thomas in Support of 91 Motion in Limine, 87
Motion to Compel, 88 Motion for Hearing and in opposition to 94 Motion for
Protective Order by Defendants. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 09/10/2015)

09/11/2015

100 Letter regarding pretrial conference hearing, John Doe Defendants, Schiffra Hearing
and changes to the amended complaint due to new evidence, for the record by Plaintiff
Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 09/11/2015)

09/11/2015

101 Brief in Reply by Defendants C.C.I. Dept. / Health Serv. Unit, Dane County −
Madison, WI, Dane County Jail, Dane County Jail Administrator, Department of
Corrections, John Does 1−5, Robin Hampton, Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Rob Van Norman in Support
of 94 Motion for Protective Order, (Attachments:
# 1 Certificate of Service) (Sullivan, Sheila),(ps) (Entered: 09/11/2015)

09/23/2015

102 AMENDED COMPLAINT naming Jonathan Triggs, Cindy Schuller and Dane County
Jail Administrator as Does Defendants filed by Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 09/23/2015)

09/23/2015

103 Brief in Opposition by Defendants C.C.I. Dept. / Health Serv. Unit, Dane County −
Madison, WI, Dane County Jail, Dane County Jail Administrator, Department of
Corrections, John Does 1−5, Robin Hampton, Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Cindy Schuller, Jonathan
Triggs, Rob Van Norman re: 102 Proposed Amended Complaint filed by Darreyll T.
Thomas (Attachments:
# 1 Certificate of Service) (Emmerich, Ann),(ps) Modified on 9/24/2015. (lak)

Modified on 9/24/2015 (elc). (Entered: 09/23/2015)
10/05/2015

104 Supplement to 103 Brief in Opposition / Waiver of Service and Objection to
Amendment, filed by Dane County − Madison, WI, Rob Van Norman, Robin
Hampton, Cindy Schuller, C.C.I. Dept. / Health Serv. Unit, Department of Corrections,
Madison Police Department, Jonathan Triggs, Dane County Jail, John Does 1−5, Dane
County Jail Administrator, Prison Health Services Inc., Christopher Larsh, Michael
Reese (Attachments:
# 1 Certificate of Service) (Emmerich, Ann),(ps) Modified docket text on 10/5/2015
(nln). (Entered: 10/05/2015)

10/30/2015

105 Letter regarding status of defendants' 94 Motion for Protective Order by Plaintiff
Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) (Entered: 10/30/2015)

10/30/2015

106 Motion for Reconsideration re: Ruling on 94 Motion for Protective Order by Plaintiff
Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service) (jef),(ps) (Entered: 10/30/2015)

10/30/2015

107 Declaration of Darreyll T. Thomas re: 106 Motion for Reconsideration. (jef),(ps)
(Entered: 10/30/2015)

11/25/2015

108 Letter from Plaintiff requesting status update and advising of change of address to
Kettle Moraine Correctional Institution. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 11/25/2015)

12/01/2015

109 Letter from the clerk's office in response to 108 Letter from Plaintiff requesting status
update and advising of change of address to Kettle Moraine Correctional Institution.
(elc),(ps) (Entered: 12/01/2015)

12/02/2015

110 ORDER that plaintiff Darreyll T. Thomas's motion to amend his complaint to include
a claim against the Dane County Jail Administrator (dkt. # 102 ) is DENIED. The
existing defendants are directed to file an answer to plaintiff's amended complaint
within ten days of this order.
2. Plaintiff's motion in limine (dkt. # 91 ) is DENIED without prejudice.
3. Plaintiff's motion for a hearing (dkt. # 100 ) is DENIED.
4. Plaintiff's motion to compel (dkt. # 87 ) and defendants' motion for a protective
order (dkt. # 94 ) are resolved as as described within this order. Signed by District
Judge William M. Conley on 12/2/2015. (jef),(ps) (Entered: 12/02/2015)

12/09/2015

111 Affidavit of Krist Boldt in response to 110 Order . (Sealed Document) (Attachments:
# 1 Exhibit Schematic drawing) (Emmerich, Ann),(ps) Modified docket text on
12/9/2015 (nln). (Entered: 12/09/2015)

12/09/2015

112 Response to Discovery Request (Sealed Document) by Defendants John Does 1−5,
Robin Hampton, Christopher Larsh, Michael Reese, Cindy Schuller, Jonathan Triggs,
Rob Van Norman. (Attachments:
# 1 Exhibit − 02−14−13 Memo to Lt. Twombly,
# 2 Exhibit − 05−30−13 Memo to Lt. Twombly,
# 3 Cover Letter to Judge Conley,
# 4 Cover Letter to Plaintiff,
# 5 Certificate of Service) (Emmerich, Ann),(ps) (Entered: 12/09/2015)

12/09/2015

113 Letter from Attorney Ann C. Emmerich enclosing DVDs in response to 110 Order.
Note: DVDs routed to chambers for review. (nln),(ps) (Entered: 12/09/2015)

12/11/2015

114 ANSWER to Amended Complaint by Defendants Robin Hampton, Christopher Larsh,
Michael Reese, Cindy Schuller, Jonathan Triggs, Rob Van Norman. (Attachments:
# 1 Certificate of Service) (Emmerich, Ann),(ps) Modified on 12/14/2015. (lak)
(Entered: 12/11/2015)

12/14/2015

115 Motion for Reconsideration (see dkt. 118 for signed motion) re 110 Order by Plaintiff
Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) Modified on 12/21/2015 (jef). (Entered: 12/14/2015)

12/14/2015

116 Declaration of Darreyll T. Thomas re: 115 Motion for Reconsideration. (jef),(ps)
(Entered: 12/14/2015)

12/14/2015

117 Letter from Clerk's Office returning 115 motion to plaintiff for signature. (jef),(ps)
(Entered: 12/14/2015)

12/21/2015

118 Signed copy of 115 Motion for Reconsideration filed by Darreyll T. Thomas.
(Attachments:
# 1 Envelope) (jef),(ps) (Entered: 12/21/2015)

01/06/2016

119 Letter from plaintiff Darreyll Thomas re KMCI officials illegal handling of legal mail
pertaining to this case. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (nln),(ps) (Entered: 01/06/2016)

01/07/2016

120 Motion to allow plaintiff to present video footage/recording as an expert witness by
Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 01/07/2016)

01/12/2016

121 Letter from Clerk's Office in response to 119 letter from plaintiff Darreyll Thomas.
(nln),(ps) (Entered: 01/12/2016)

02/08/2016

122 Expert Witness Disclosures by Defendants Robin Hampton, Christopher Larsh,
Michael Reese, Cindy Schuller, Jonathan Triggs, Rob Van Norman, (Attachments:
# 1 Exhibit − Summary of Facts and Opinions of Deputy Markgraf,
# 2 Certificate of Service) (Emmerich, Ann),(ps) Modified on 2/9/2016. (lak) (Entered:
02/08/2016)

02/16/2016

123 Motion to Add Captain Richelle Anhalt, Lieutenant Mark Twombly, Sergeant Dennis
Seiren as Defendants / Motion Pursuant to Rules 19 & 20 Federal Rules of Civil
Procedure, by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 Exhibit I − emails from Lt. Twombly dated 1/15/13, 1/16/13 and 1/18/13,
# 2 Exhibit J − emails from Lt. Towmbly dated 5/30/13 and 4/07/14,
# 3 Exhibit K − Dane County Sheriff's Office Performance Report for 7/28/12
Incident,
# 4 Certificate of Service,
# 5 Envelope) (nln),(ps) (Entered: 02/16/2016)

02/17/2016

124 Motion to Stay Summary Judgment pending resolution of motions by Plaintiff
Darreyll T. Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 02/17/2016)

02/17/2016

125 MOTION FOR SUMMARY JUDGMENT by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Certificate of Service) (elc),(ps) (Entered: 02/17/2016)

02/17/2016

126 Brief in Support of 125 Motion for Summary Judgment by Plaintiff Darreyll T.
Thomas (elc),(ps) (Entered: 02/17/2016)

02/17/2016

127 Proposed Findings of Fact filed by Plaintiff Darreyll T. Thomas re: 125 Motion for
Summary Judgment (Attachments:
# 1 Appendix,
# 2 Exhibit 15 − Dane County Sheriff's Office Deputy Report,
# 3 Exhibit 16a − Order to Produce dated 7/25/2012,
# 4 Exhibit 17 − Defendants' Response to Admissions,
# 5 Exhibit 18 − Inmate Medical History,
# 6 Exhibit 21 − Special Handling Summary,
# 7 Exhibit 22 − Correct Care Solutions "Man Down" Response Form,
# 8 Exhibit 23 − Correct Care Solutions Emergency Room/Inpatient Referral Form,
# 9 Exhibit 24 − Ambulance Conveyance Service,
# 10 Exhibit 25 − Medical Bracelet,
# 11 Exhibit 26 − UW Hospital Release of Information dated 7/28/2012,
# 12 Exhibit 27 − UW Hospital Itemization of Hospital Services,
# 13 Exhibit 28 − Psychiatric Report Follow−Up,
# 14 Exhibit 29 − Dane County Sheriff's Office Memo. re: Use of Force Incident,
# 15 Exhibit 30 − Defendants' Responses to Interrogatories and Admissions,

# 16 Exhibit 31 − Memorandum dated 2/14/2013,
# 17 Exhibit 32 − Dane County Jail Inmate Medical Request,
# 18 Exhibit 33 − DOC Medical Restrictions Form,
# 19 Exhibit 34 − DOC Health Transfer Summary,
# 20 Exhibit 35 − Dane County Sheriff's Office Use of Force Policy,
# 21 Exhibit 35a − 3/10/2015 Letter to Darreyll Thomas,
# 22 Exhibit 36 − Dane County Sheriff's Office Incident Documentation Policy,
# 23 Exhibit 37 − Disbursement Request/Proof of Mailing,
# 24 Exhibit 38 − DOC Intake Screening/Medical History form,
# 25 Exhibit 39 − Deputy Sheriff I−II job description,
# 26 Exhibit 40 − InterQual Review Summary,
# 27 Exhibit 41 − Psychiatric Provider Initial Evaluation Note dated 7/31/2012,
# 28 Exhibit 43 − DOC Guidelines for Medical Restrictions/Special Needs,
# 29 Exhibits 44−50 Progress Notes) Note: Exhibits: 19, 20 and 42 filed separately at
dkts. 128 , 129 and 130 . (elc),(ps) (Entered: 02/17/2016)
02/17/2016

128 Declaration of Darreyll T. Thomas re: 125 Motion for Summary Judgment. (elc),(ps)
(Entered: 02/17/2016)

02/17/2016

129 Declaration of Cyrus Brooks filed by Plaintiff Darreyll T. Thomas re: 125 Motion for
Summary Judgment (elc),(ps) (Entered: 02/17/2016)

02/17/2016

130 Affidavit of Carlos A. Cummings filed by Plaintiff Darreyll T. Thomas re: 125 Motion
for Summary Judgment (elc),(ps) (Entered: 02/17/2016)

02/29/2016

131 MOTION FOR PARTIAL SUMMARY JUDGMENT by Defendants Robin
Hampton, Christopher Larsh, Michael Reese, Cindy Schuller, Jonathan Triggs, Rob
Van Norman. (Sullivan, Sheila),(ps) (Entered: 02/29/2016)

02/29/2016

132 Brief in Support of 131 Motion for Partial Summary Judgment by Defendants
Christopher Larsh, Madison Police Department, Prison Health Services Inc., Michael
Reese, Cindy Schuller, Jonathan Triggs, Rob Van Norman. (Sullivan, Sheila),(ps)
(Entered: 02/29/2016)

02/29/2016

133 Affidavit of Scott McDonell filed by Defendants Robin Hampton, Christopher Larsh,
Madison Police Department, Prison Health Services Inc., Michael Reese, Cindy
Schuller, Jonathan Triggs, Rob Van Norman re: 131 Motion for Partial Summary
Judgment. (Sullivan, Sheila),(ps) (Entered: 02/29/2016)

02/29/2016

134 Affidavit of Krist Boldt filed by Defendants Robin Hampton, Christopher Larsh,
Madison Police Department, Prison Health Services Inc., Michael Reese, Cindy
Schuller, Jonathan Triggs, Rob Van Norman re: 131 Motion for Partial Summary
Judgment, (Attachments:
# 1 Exhibit A − Incident Reports) (Sullivan, Sheila),(ps) Modified on 3/1/2016. (lak)
(Entered: 02/29/2016)

02/29/2016

135 Proposed Findings of Fact filed by Defendants Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Cindy Schuller, Jonathan
Triggs, Rob Van Norman re: 131 Motion for Partial Summary Judgment,
(Attachments:
# 1 Certificate of Service) (Sullivan, Sheila),(ps) Modified on 3/1/2016: Removed
duplicate text. (lak) (Entered: 02/29/2016)

03/09/2016

136 Brief in Opposition by Plaintiff Darreyll T. Thomas re: 131 Motion for Partial
Summary Judgment filed by Rob Van Norman, Robin Hampton, Cindy Schuller,
Jonathan Triggs, Christopher Larsh, Michael Reese (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 03/09/2016)

03/09/2016

137 Response to Proposed Findings of Fact filed by Plaintiff Darreyll T. Thomas re: 131
Motion for Partial Summary Judgment (elc),(ps) (Entered: 03/09/2016)

03/15/2016

138 ORDER denying 115 motion for reconsideration; denying 120 Motion to allow
plaintiff to present video footage/recording as an expert witness; denying 123 motion
to amend complaint; denying 124 motion to stay decision; denying 125 , 131 motions
for summary judgment.

The proceedings in this case are STAYED pending recruitment of counsel for plaintiff.
If the court finds counsel willing to represent plaintiff, the court will advise the parties.
Soon thereafter, a status conference will be held. Within two weeks of plaintiff's
recruited counsel's notice of appearance, defendants shall arrange for plaintiff and his
counsel to view the video footage or provide a copy of the video footage to plaintiff's
counsel. Signed by District Judge William M. Conley on 3/15/2016. (jef),(ps)
(Entered: 03/15/2016)
03/17/2016

139 Letter dated March 14, 2016 requesting a status update by Plaintiff Darreyll T.
Thomas. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) No response needed, crossed in the mail with 138 order.
(Entered: 03/17/2016)

05/10/2016

140 ORDER that the clerk's office enter Patrick Koenen of the law firm of Hinshaw &
Culbertson as plaintiff's pro bono counsel of record and to set this case for a status
conference in June 2016, as the court's schedule allows. Signed by District Judge
William M. Conley on 5/10/2016. (jef),(ps) (Entered: 05/10/2016)

05/10/2016

05/24/2016

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for
Wednesday, 6/8/2016 at 01:30 PM before Magistrate Judge Stephen L. Crocker.
Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264−5153.
(jef),(ps) (Entered: 05/10/2016)
141 Notice of Appearance filed by Patrick F. Koenen for Plaintiff Darreyll T. Thomas.
(Koenen, Patrick),(ps) (Entered: 05/24/2016)

06/08/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 6/8/2016 [:25] (cak),(ps) (Entered:
06/08/2016)

07/14/2016

Set Telephone Pretrial or Status Conference: Telephone Status Conference set for
7/21/2016 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for the
Plaintiff is responsible for setting up the call to chambers at (608) 264−5153.
(cak),(ps) (Entered: 07/14/2016)

07/21/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Status Conference held on 7/21/2016 [:05] (cak),(ps) (Entered: 07/21/2016)

07/29/2016

142 Pretrial Conference Order − Dispositive Motions due 11/18/2016. Rule 26(a)(3)
Disclosures and all motions in limine due 3/31/2017. Responses due 4/14/2017. Final
Pretrial Conference set for 4/25/2017 at 04:00 PM. Jury Selection and Trial set for
5/1/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 7/27/2016.
(jef),(ps) (Entered: 07/29/2016)

11/10/2016

143 Motion to Withdraw as Attorney by Plaintiff Darreyll T. Thomas. (Koenen,
Patrick),(ps) (Entered: 11/10/2016)

11/10/2016

144 Proposed Order on 143 Motion to Withdraw as Attorney by Plaintiff Darreyll T.
Thomas. (Koenen, Patrick),(ps) Modified docket text on 11/10/2016 (nln). (Entered:
11/10/2016)

11/10/2016

145 Cover Letter re: 143 Motion to Withdraw by Plaintiff Darreyll T. Thomas. (Koenen,
Patrick),(ps) Modified on 11/13/2016. (lak) (Entered: 11/10/2016)

11/14/2016

146 Motion to Enforce Settlement Agreement by Defendants Robin Hampton, Christopher
Larsh, Michael Reese, Cindy Schuller, Jonathan Triggs and Rob Van Norman.
(Emmerich, Ann),(ps) Modified on 11/14/2016 (elc). (Entered: 11/14/2016)

11/14/2016

147 Brief in Support of 146 Motion to Enforce Settlement, Agreement by Defendants
Robin Hampton, Christopher Larsh, Michael Reese, Cindy Schuller, Jonathan Triggs,
Rob Van Norman (Emmerich, Ann),(ps) Modified on 11/14/2016 (elc). (Entered:
11/14/2016)

11/14/2016

148 Affidavit of Ann C. Emmerich filed by Defendants Robin Hampton, Christopher
Larsh, Michael Reese, Cindy Schuller, Jonathan Triggs, Rob Van Norman re: 146
Motion to Enforce Settlement, (Attachments:
# 1 Exhibit A − Mediation Agreement,

# 2 Exhibit B − 10/18/16 Letter to Plaintiff's Attorney Enclosing Settlement Check,
# 3 Exhibit C − 10−14−16 Letter to Plaintiff's Attorney Enclosing Settlement
Documents) (Emmerich, Ann),(ps) Modified on 11/14/2016 (elc). Modified on
11/15/2016. (lak) (Entered: 11/14/2016)
11/15/2016

11/15/2016

149 ** TEXT ONLY ORDER **
Plaintiff's recruited counsel, Hinshaw & Culbertson LLP, has filed a motion to
withdraw on the ground that plaintiff no longer wishes counsel to represent him (dkt.
143 ). Shortly thereafter, defendants filed a motion to enforce a settlement agreement
that was apparently reached after mediation between defendants and plaintiff,
represented by Hinshaw & Culbertson (dkt. 146 ). It appears possible that recruited
counsel's motion to withdraw was prompted by a disagreement with plaintiff over the
settlement agreement. Having heard nothing from plaintiff in response to counsel's
motion to withdraw, the court will grant that motion. This means that plaintiff must
respond, on his own, to defendants' motion to enforce the settlement agreement.
Plaintiff may have until November 29, 2016, to file his response to the motion to
enforce the settlement. Signed by District Judge William M. Conley on 11/15/2016.
(nln),(ps) (Entered: 11/15/2016)
Set Deadlines as to 146 Motion to Enforce Settlement Agreement. Plaintiff's Response
due 11/29/2016. (nln),(ps) (Entered: 11/15/2016)

11/15/2016

150 Certificate of Service by Defendants C.C.I. Dept. / Health Serv. Unit, Dane County −
Madison, WI, Dane County Jail, Dane County Jail Administrator, Department of
Corrections, John Does 1−5, Robin Hampton, Christopher Larsh, Madison Police
Department, Prison Health Services Inc., Michael Reese, Cindy Schuller, Jonathan
Triggs, Rob Van Norman. (Emmerich, Ann),(ps) (Entered: 11/15/2016)

11/28/2016

151 Brief in Opposition by Plaintiff Darreyll T. Thomas re: 146 Motion to Enforce
Settlement filed by Defendants. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 11/28/2016)

12/05/2016

152 Brief in Reply by Defendants Christopher Larsh, Madison Police Department, Prison
Health Services Inc., Michael Reese, Cindy Schuller, Jonathan Triggs, Rob Van
Norman in Support of 146 Motion to Enforce Settlement, (Attachments:
# 1 Certificate of Service) (Sullivan, Sheila),(ps) Modified on 12/6/2016: Removed
duplicate text. (lak) (Entered: 12/05/2016)

12/09/2016

153 Supplemental Brief in Support of 146 Motion to Enforce Settlement Agreement by
Defendants Robin Hampton, Christopher Larsh, Michael Reese, Cindy Schuller,
Jonathan Triggs, Rob Van Norman, (Attachments:
# 1 Certificate of Service) (Sullivan, Sheila),(ps) Modified on 12/12/2016. (lak)
(Entered: 12/09/2016)

02/13/2017

154 Letter Requesting Docket Sheet by Plaintiff Darreyll T. Thomas. Requested docket
sheet mailed to plaintiff. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 02/13/2017)

03/17/2017

155 Letter Requesting Status Update and providing information sent to defendants counsel
on February 13, 2017 by Plaintiff Darreyll T. Thomas. (Attachments:
# 1 2/13/2017 Certified Mail Receipt,
# 2 Certificate of Service,
# 3 Envelope) (elc),(ps) (Entered: 03/17/2017)

03/17/2017

156 Letter from clerk's office in response to 155 Letter Requesting Status Update. (elc),(ps)
(Entered: 03/17/2017)

03/20/2017

157 Notice of Change of Address to Redgranite Correctional Institution by Plaintiff
Darreyll T. Thomas. Re−sent dkt. 156 in case 13−cv−597−wmc to plaintiff at this new
address. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 03/20/2017)

04/03/2017

158 ORDER granting defendants' 146 Motion to Enforce Settlement. Plaintiff's claims are
DISMISSED WITH PREJUDICE in accordance with the terms of the mediation
agreement signed by the parties. The clerk of court is DIRECTED to enter final

judgment and close this case. Signed by District Judge William M. Conley on
4/3/2017. (jef),(ps) (Entered: 04/03/2017)
04/03/2017

159 JUDGMENT entered dismissing this case with prejudice. Signed by Peter A.
Oppeneer, Clerk of Court on 4/3/2017. (jef),(ps) (Entered: 04/03/2017)

04/07/2017

160 Supplemental Memorandum Concerning the Status of Ruling Regarding Motions for
Summary Judgment Filed February 17, 2016 by Plaintiff Darreyll T. Thomas.
(Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 04/07/2017)

04/10/2017

161 NOTICE OF APPEAL by Plaintiff Darreyll T. Thomas as to 138 Order, 158 Order.
Filing fee of $505, receipt number 34690028686 paid. No Docketing Statement filed.
(Attachments:
# 1 Certificate of Service,
# 2 Envelope) (nln),(ps) (Entered: 04/10/2017)

04/10/2017

162 Appeal Information Packet. (nln),(ps) (Entered: 04/10/2017)