Lewis, Richard v. Walls, Edward et al

Filing 91

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 89 Notice of Appeal. (Attachments: # 1 Judgment, # 2 Docket Sheet) (nln),(ps)

Case: 3:15-cv-00051-jdp As of: 02/10/2017 11:08 AM CST 1 of 8

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15−cv−00051−jdp
Lewis, Richard v. Stephen, Michael
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 01/23/2015
Date Terminated: 02/08/2017
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
Richard Lewis

represented by Richard Lewis
567129
Columbia Correctional Institution
2925 Columbia Drive
P.O. Box 900
Portage, WI 53901−0900
(608) 742−9100
PRO SE

V.
Defendant
Edward Wall
TERMINATED: 09/23/2015

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: 10/09/2015
LEAD ATTORNEY

Defendant
Michael Stephen

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 10/09/2015
LEAD ATTORNEY
Ann M. Peacock
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
(608) 266−9230
Fax: (608) 267−2779
Email: [e-mail]
ATTORNEY TO BE NOTICED
Samuel Thomas Berg
State of Wisconsin Department of Justice
17 W. Main St.
Madison, WI 53707−7857
608−267−2229
Fax: 608−267−8906
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Theodore Anderson
TERMINATED: 01/17/2017

represented by Corey Francis Finkelmeyer
(See above for address)

Case: 3:15-cv-00051-jdp As of: 02/10/2017 11:08 AM CST 2 of 8
TERMINATED: 10/09/2015
LEAD ATTORNEY
Ann M. Peacock
(See above for address)
ATTORNEY TO BE NOTICED
Samuel Thomas Berg
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Bryan Gerry
TERMINATED: 01/17/2017

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 10/09/2015
LEAD ATTORNEY
Ann M. Peacock
(See above for address)
ATTORNEY TO BE NOTICED
Samuel Thomas Berg
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Andrew Miller
an unidentified Doe defendant
TERMINATED: 04/18/2016

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 10/09/2015
LEAD ATTORNEY
Ann M. Peacock
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

01/23/2015

1 COMPLAINT against All Defendants filed by Plaintiff Richard Lewis. (Case
randomly assigned to District Judge James D. Peterson.) (Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln) (Entered: 01/23/2015)

01/23/2015

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Richard Lewis. (nln),(ps)
(Entered: 01/23/2015)

01/23/2015

3 Prisoner Trust Fund Account Statement by Plaintiff Richard Lewis. (nln),(ps)
(Additional attachment(s) added on 1/26/2015:
# 1 IPP Calculation) (nln). (Entered: 01/23/2015)

02/02/2015

4 ORDER on ifp request: Initial partial filing fee of $10.91 assessed. Initial partial filing
fee due 2/23/2015. Signed by Magistrate Judge Peter A. Oppeneer on 2/02/2015.
(nln),(ps) (Entered: 02/02/2015)

02/11/2015

Initial Partial Filing fee received: $ 10.91, receipt number 34690022280. (jef),(ps)
(Entered: 02/11/2015)

09/23/2015

5 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants
Bryan Gerry, Theodre Anderson, Michael Stephen, Andrew Miller. Leave to proceed
denied and case dismissed against Edward Walls. Materials delivered to DOJ for
acceptance of service. Signed by District Judge James D. Peterson on 9/23/2015.
(jef),(ps) (Entered: 09/23/2015)

09/23/2015

6 Warden PLRA Letter. (jef),(ps) (Entered: 09/23/2015)

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10/08/2015

7 Letter Requesting Copies by Plaintiff Richard Lewis. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 10/08/2015)

10/08/2015

8 Letter from Clerk's Office returning check to plaintiff. (jef),(ps) (Entered: 10/08/2015)

10/09/2015

9 Notice of Appearance filed by Ann M. Peacock for Defendants Theodre Anderson,
Bryan Gerry, Michael Stephen. (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 10/09/2015)

10/09/2015

10 Acceptance of Service by DOJ on behalf of Defendants Theodre Anderson, Bryan
Gerry, Michael Stephen. Service not accepted on behalf of Andrew Miller. (Peacock,
Ann),(ps) (Entered: 10/09/2015)

10/09/2015

11 Memorandum that for the remainder of this lawsuit, with respect to the defendants the
Wisconsin Department of Justice has accepted service for, plaintiff need only send a
copy of his filings in this case to the court pursuant to an informal service agreement
with the Department. Signed by Magistrate Judge Peter A. Oppeneer on 10/9/2015.
(jef),(ps) (Entered: 10/09/2015)

10/15/2015

12 Letter from plaintiff Richard Lewis requesting three copies of 1 Complaint (check in
the amount of $2.10 enclosed). (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 10/15/2015)

10/29/2015

13 ANSWER by Defendants Theodre Anderson, Bryan Gerry, Michael Stephen.
(Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 10/29/2015)

10/29/2015

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 12/1/2015 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] (nln),(ps) Modified docket
text on 10/29/2015 (nln). (Entered: 10/29/2015)

10/30/2015

14 Motion for Assistance in Recruiting Counsel by Plaintiff Richard Lewis.
(Attachments:
# 1 Postage Disbursement Requests,
# 2 Copies of Letters sent to Attorneys McGillivray, Bard and Harth,
# 3 Envelope) (elc),(ps) (Entered: 10/30/2015)

11/04/2015

15 ORDER denying plaintiff's 14 Motion for Assistance in Recruiting Counsel without
prejudice. Signed by District Judge James D. Peterson on 11/2/2015. (jef),(ps)
(Entered: 11/04/2015)

11/30/2015

Reset Telephone Pretrial Conference: Telephone Pretrial Conference before Magistrate
Judge Stephen L. Crocker set for 12/1/2015 at 1:30 PM is rescheduled to 12/11/2015 at
01:00 PM to accommodate the court's calendar. Counsel for Defendants remains
responsible for setting up the call to chambers at (608) 264−5153. (elc),(ps) (Entered:
11/30/2015)

12/11/2015

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 12/11/2015 [:25]
(cak),(ps) (Entered: 12/11/2015)

12/15/2015

16 Pretrial Conference Order − Dispositive Motions for Failure to Exhaust Administrative
Remedies due 2/5/2016. Dispositive Motions due 7/15/2016. Rule 26(a)(3) Disclosures
and all motions in limine due 1/13/2017. Objections due 1/27/2017. Final Pretrial
Conference set for 2/6/2017 at 08:30 AM. Jury Selection and Trial set for 2/6/2017 at
09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/15/2015. (jef),(ps)
(Entered: 12/15/2015)

01/05/2016

17 ORDER regarding the identification of Doe Defendant Andrew Miller. (Amended
Complaint due 2/26/2016. Answer due 3/18/2016). Signed by Magistrate Judge
Stephen L. Crocker on 12/31/2015. (jef),(ps) (Entered: 01/05/2016)

04/18/2016

18 ORDER that John Doe defendant, Andrew Miller, is DISMISSED from this case
without prejudice. Signed by District Judge James D. Peterson on 4/18/2016. (jef),(ps)
(Entered: 04/18/2016)

Case: 3:15-cv-00051-jdp As of: 02/10/2017 11:08 AM CST 4 of 8
04/20/2016

19 MOTION FOR SUMMARY JUDGMENT by Plaintiff Richard Lewis.
(Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 04/20/2016)

04/20/2016

20 Brief in Support of 19 Motion for Summary Judgment by Plaintiff Richard Lewis.
(jef),(ps) (Entered: 04/20/2016)

04/20/2016

21 Affidavit of Richard Lewis re: 19 Motion for Summary Judgment. (jef),(ps) Modified
on 4/21/2016 (jef). (Entered: 04/20/2016)

04/20/2016

22 Affidavit of Booker Brown filed by Plaintiff Richard Lewis re: 19 Motion for
Summary Judgment. (jef),(ps) (Entered: 04/20/2016)

04/20/2016

23 Exhibit (Defendants' response to plaintiff's request for interrogatories dated December
1, 2015) to 19 Motion for Summary Judgment filed by Richard Lewis. (Attachments:
# 1 Defendants' response to plaintiff's request for documents dated December 1, 2015.)
(jef),(ps) (Entered: 04/20/2016)

04/20/2016

24 Letter regarding copies of video footage 19 Motion for Summary Judgment filed by
Richard Lewis. (Attachments:
# 1 Letter from AAG Peacock) (jef),(ps) (Entered: 04/20/2016)

04/21/2016

25 Letter from the Clerk's Office to plaintiff regarding the document titled proposed
findings of fact listed on plaintiff's dkt. 19 cover letter. (jef),(ps) (Entered: 04/21/2016)

04/27/2016

26 Proposed Findings of Fact filed by Plaintiff Richard Lewis re: 19 Motion for Summary
Judgment. (Attachments:
# 1 Cover Letter,
# 2 Envelope) (jef),(ps) (Entered: 04/27/2016)

04/27/2016

Set Briefing Deadlines as to 19 MOTION FOR SUMMARY JUDGMENT. [Pro Se
Summary Judgment Procedure for Cases Assigned to Judge Peterson attached.]
Defendants' Brief in Opposition due 5/27/2016. Plaintiff's Brief in Reply due 6/6/2016.
(jef),(ps) (Entered: 04/27/2016)

04/29/2016

27 Letter from AAG Ann Peacock submitting the DVD exhibit regarding dkt. 24 .
(Attachments:
# 1 DVD exhibit − Staff−assisted strip search, 10/17/14,
# 2 Envelope) (jef),(ps) Note, the DVD is filed conventionally and located in the
clerk's office. (jef) (Entered: 05/02/2016)

05/27/2016

28 Response to Proposed Findings of Fact filed by Defendants Theodore Anderson,
Bryan Gerry, Andrew Miller, Michael Stephen re: 19 Motion for Summary Judgment,
(Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 05/27/2016)

05/27/2016

29 Disregard. See 36 . Modified on 5/27/2016. (lak) (Entered: 05/27/2016)

05/27/2016

30 MOTION FOR SUMMARY JUDGMENT by Defendants Theodore Anderson,
Bryan Gerry, Andrew Miller, Michael Stephen. (Peacock, Ann),(ps) (Entered:
05/27/2016)

05/27/2016

31 Combined Brief in Support of 30 Motion for Summary Judgment by Defendants
Theodore Anderson, Bryan Gerry, Andrew Miller, Michael Stephen, Brief in
Opposition re: 19 Motion for Summary Judgment. (Peacock, Ann),(ps) Modified on
5/27/2016: This is a multi−part document. (lak) (Entered: 05/27/2016)

05/27/2016

32 Proposed Findings of Fact filed by Defendants Theodore Anderson, Bryan Gerry,
Andrew Miller, Michael Stephen re: 30 Motion for Summary Judgment. (Peacock,
Ann),(ps) (Entered: 05/27/2016)

05/27/2016

33 Declaration of Theodore Anderson filed by Defendants Theodore Anderson, Bryan
Gerry, Andrew Miller, Michael Stephen re: 30 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit 1000 − PREA Report,
# 2 Exhibit 1001 − Diagram/Floor plan of D−S 1,
# 3 Exhibit 1002 − Video of Search (10/17/14) − Dkt at #27,
# 4 Exhibit 1003 − CCI−2014−21340) (Peacock, Ann),(ps) (Entered: 05/27/2016)

Case: 3:15-cv-00051-jdp As of: 02/10/2017 11:08 AM CST 5 of 8
05/27/2016

34 Declaration of Michael Stephen filed by Defendants Theodore Anderson, Bryan Gerry,
Andrew Miller, Michael Stephen re: 30 Motion for Summary Judgment. (Peacock,
Ann),(ps) (Entered: 05/27/2016)

05/27/2016

35 Declaration of Bryan Gerry filed by Defendants Theodore Anderson, Bryan Gerry,
Andrew Miller, Michael Stephen re: 30 Motion for Summary Judgment. (Peacock,
Ann),(ps) (Entered: 05/27/2016)

05/27/2016

Set Briefing Deadlines as to 30 MOTION FOR SUMMARY JUDGMENT . [Pro Se
Summary Judgment Procedure for Cases Assigned to Judge Peterson attached.]
Plaintiff's Brief in Opposition due 6/27/2016. Defendants' Brief in Reply due 7/7/2016.
(nln),(ps) (Entered: 05/27/2016)

05/27/2016

36 Amended Declaration of Ann Peacock filed by Defendants Theodore Anderson, Bryan
Gerry, Andrew Miller, Michael Stephen re: 19 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit 1004 − Defendants' Supplemental Response to Interrogatory 9) (Peacock,
Ann),(ps) Modified on 5/27/2016: Added exhibit description. This needs a certificate
of service. (lak) (Entered: 05/27/2016)

05/31/2016

37 Amended Certificate of Service by Defendants Theodore Anderson, Bryan Gerry,
Andrew Miller, Michael Stephen. (Peacock, Ann),(ps) (Entered: 05/31/2016)

06/03/2016

38 Motion for Extension of Time by Plaintiff Richard Lewis. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 06/03/2016)

06/03/2016

39 **TEXT ONLY ORDER **
ORDER granting plaintiff's motion for extension of time, dkt. 38 , to file his reply to
his motion for summary judgment. Plaintiff's Brief in Reply due 6/27/2016. Signed by
Magistrate Judge Stephen L. Crocker on 6/3/2016. (jef),(ps) (Entered: 06/03/2016)

06/15/2016

40 Brief in Reply by Plaintiff Richard Lewis in Support of 19 Motion for Summary
Judgment and Brief in Opposition to defendants' 30 Motion for Summary Judgment.
(Attachments:
# 1 Cover Letter and Envelope) (elc),(ps) Modified docket text on 7/7/2016 (nln).
(Entered: 06/15/2016)

06/15/2016

41 Response to Proposed Findings of Fact filed by Plaintiff Richard Lewis re: 19 Motion
for Summary Judgment, 30 Motion for Summary Judgment. (elc),(ps) (Entered:
06/15/2016)

06/15/2016

42 Additional Proposed Findings of Fact filed by Plaintiff Richard Lewis re: 19 Motion
for Summary Judgment, 30 Motion for Summary Judgment. (elc),(ps) (Entered:
06/15/2016)

06/15/2016

43 Second Declaration of Richard Lewis re: 19 Motion for Summary Judgment, 30
Motion for Summary Judgment. (Attachments:
# 1 Exhibit A − Inmate Complaint Documents,
# 2 Exhibit B − Medical Records for October 10, 2014 − October 17, 2014) (elc),(ps)
(Entered: 06/15/2016)

07/01/2016

44 Expert Witness Disclosures by Defendants Theodore Anderson, Bryan Gerry, Michael
Stephen, (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 07/01/2016)

07/07/2016

45 Brief in Reply by Defendants Theodore Anderson, Bryan Gerry, Michael Stephen in
Support of 30 Motion for Summary Judgment (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 07/07/2016)

07/07/2016

46 Response to Additional Proposed Findings of Fact filed by Defendants Theodore
Anderson, Bryan Gerry, Michael Stephen re: 19 Motion for Summary Judgment, 30
Motion for Summary Judgment. (Peacock, Ann),(ps) Modified on 7/8/2016: Removed
reference/link to Additional Proposed Findings of Fact. Linked to the additional
pending motion. (lak) (Entered: 07/07/2016)

07/07/2016

47 Reply in Support of Proposed Findings of Fact filed by Defendants Theodore
Anderson, Bryan Gerry, Michael Stephen re: 30 Motion for Summary Judgment
(Peacock, Ann),(ps) (Entered: 07/07/2016)

Case: 3:15-cv-00051-jdp As of: 02/10/2017 11:08 AM CST 6 of 8
11/09/2016

48 ORDER denying plaintiff's 19 Motion for Summary Judgment; granting in part and
denying in part defendants' 30 Motion for Summary Judgment. Signed by District
Judge James D. Peterson on 11/9/2016. (jef),(ps) (Entered: 11/09/2016)

11/28/2016

49 Motion for Assistance in Recruiting Counsel by Plaintiff Richard Lewis.
(Attachments:
# 1 Placement/Review of Offender in Observation from October 2014,
# 2 Psychological Services Clinical Contact dated 9/17/2014,
# 3 Attorney Rejection Letters,
# 4 Cover Letter and Envelope) (elc),(ps) (Entered: 11/28/2016)

11/28/2016

50 Declaration of Vance Hernandez−Smith filed by Plaintiff Richard Lewis re: 49 Motion
for Assistance in Recruiting Counsel. (elc),(ps) (Entered: 11/28/2016)

12/13/2016

51 ORDER denying 49 Motion for Assistance in Recruiting Counsel. Signed by District
Judge James D. Peterson on 12/13/2016. (jef),(ps) (Entered: 12/13/2016)

12/23/2016

52 Trial Preparation Order: Clerk directed to issue writ for plaintiff appearance. Motion
for Issuance of Subpoenas or Writs due 1/13/2017. Final Pretrial Submissions due
1/13/2017. Signed by District Judge James D. Peterson on 12/23/2016. (jef: w/ dkt. 16
enclosures),(ps) (Entered: 12/23/2016)

01/04/2017

53 Writ Issued for Richard Lewis appearance on 2/6/2017 for Final Pretrial Conference
and Jury Trial. Original writ mailed to Columbia Correctional Institution. Courtesy
copy sent to USMS. (nln),(ps) (Entered: 01/04/2017)

01/09/2017

54 Notice by Defendants Theodore Anderson, Bryan Gerry, Michael Stephen of
Additional Counsel, (Attachments:
# 1 Certificate of Service) (Berg, Samuel),(ps) Modified on 1/10/2017. (lak) (Entered:
01/09/2017)

01/09/2017

55 Motion for Clarification re: 48 Order on Motion for Summary Judgment, by
Defendants Theodore Anderson, Bryan Gerry, Michael Stephen. (Berg, Samuel),(ps)
(Entered: 01/09/2017)

01/13/2017

56 Motion in Limine (unsigned) by Plaintiff Richard Lewis. (See dkt. 70 for signed copy.)
(Attachments:
# 1 Cover Letter and Envelope) (nln),(ps) (Entered: 01/13/2017)

01/13/2017

57 Proposed Jury Instructions (unsigned) by Plaintiff Richard Lewis. (See dkt. 71 for
signed copy.) (nln),(ps) (Entered: 01/13/2017)

01/13/2017

58 Proposed Special Verdict by Plaintiff Richard Lewis. (See dkt. 72 for signed copy.)
(nln),(ps) (Entered: 01/13/2017)

01/13/2017

59 Proposed Questions for Voir Dire Examination (unsigned) by Plaintiff Richard Lewis.
(See dkt. 73 for signed copy.) (nln),(ps) (Entered: 01/13/2017)

01/13/2017

60 Clerk's office letter returning dkt. ## 56 − 59 for plaintiff's signature. (nln),(ps)
(Entered: 01/13/2017)

01/13/2017

61 Proposed Voir Dire by Defendant Michael Stephen, (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 01/13/2017)

01/13/2017

62 Proposed Jury Instructions − Liability and Damages by Defendant Michael Stephen.
(Peacock, Ann),(ps) (Entered: 01/13/2017)

01/13/2017

63 Proposed Special Verdict − Liability and Damages by Defendant Michael Stephen.
(Peacock, Ann),(ps) (Entered: 01/13/2017)

01/13/2017

64 Witness List by Defendant Michael Stephen. (Peacock, Ann),(ps) (Entered:
01/13/2017)

01/13/2017

65 Exhibit List by Defendant Michael Stephen, (Attachments:
# 1 Exhibit 501 − PREA Report,
# 2 Exhibit 502 − DS−1 Floor Plan,
# 3 Exhibit 503 − Video of Strip Search (Dkt. 27),
# 4 Exhibit 504 − CCI−2014−21340 and Appeal) (Peacock, Ann),(ps) Modified on
1/14/2017. (lak) (Entered: 01/13/2017)

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01/13/2017

66 Motions in Limine by Defendant Michael Stephen. (Peacock, Ann),(ps) (Entered:
01/13/2017)

01/17/2017

67 Rule 26(a)(3) Pretrial Disclosures by Plaintiff Richard Lewis (Attachments:
# 1 Cover letter / certificate of mailing,
# 2 Envelope) (nln),(ps) (Entered: 01/17/2017)

01/17/2017

68 ORDER granting defendants' 55 motion for clarification. Defendants Theodore
Anderson and Bryan Gerry are DISMISSED from this case. Signed by District Judge
James D. Peterson on 1/17/2017. (jef),(ps) (Entered: 01/17/2017)

01/19/2017

69 ORDER that plaintiff Richard Lewis's deadline to file his request for subpoenas is
extended to January 25, 2017. Signed by District Judge James D. Peterson on
1/19/2017. (jef),(ps) (Entered: 01/19/2017)

01/23/2017

70 Signed copy of 56 Motion in Limine filed by Richard Lewis. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 01/23/2017)

01/23/2017

71 Signed copy of 57 Proposed Jury Instructions filed by Richard Lewis. (nln),(ps)
(Entered: 01/23/2017)

01/23/2017

72 Signed copy of 58 Proposed Special Verdict filed by Richard Lewis. (nln),(ps)
(Entered: 01/23/2017)

01/23/2017

73 Signed copy of 59 Proposed Questions for Voir Dire Examination filed by Richard
Lewis. (nln),(ps) (Entered: 01/23/2017)

01/25/2017

74 Disregard − filed in wrong case. (jef). (Entered: 01/25/2017)

01/27/2017

75 Response to Proposed Jury Instructions, Proposed Special Verdict and Proposed Voir
Dire by Defendant Michael Stephen, (Attachments:
# 1 Certificate of Service) (Berg, Samuel),(ps) Modified on 1/29/2017: This is a
multi−part document. To be refiled using applicable docketing events and linked
appropriately. (lak) (Entered: 01/27/2017)

01/30/2017

76 Brief in Opposition by Defendant Michael Stephen re: 56 Motion in Limine filed by
Richard Lewis, (Attachments:
# 1 Certificate of Service) (Berg, Samuel),(ps) Modified on 1/31/2017. (lak) (Entered:
01/30/2017)

02/01/2017

77 Order that Michael Stephens shall provide a copy of this order along with the attached
drafts of the trial materials to plaintiff Richard Lewis. Signed by District Judge James
D. Peterson on 2/1/2017. (Attachments:
# 1 Draft voir dire,
# 2 Draft introductory jury instructions,
# 3 Draft post trial jury instructions,
# 4 Draft special verdict) (jef),(ps) (Entered: 02/01/2017)

02/06/2017

Set/Reset Trial Date: 2nd Day Jury Trial set for 2/7/2017 at 09:00 AM (voc),(ps)
(Entered: 02/06/2017)

02/06/2017

78 Minute Entry for proceedings held before District Judge James D. Peterson: Jury
Selection and First Day of Trial held on 2/6/2017. Trial continues. (Court Reporter
CS/JD.) (nln) [6:35],(ps) (Entered: 02/06/2017)

02/06/2017

79 Proposed Jury Instructions − Liability (Limiting Instruction) by Defendant Michael
Stephen, (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) Modified on 2/7/2017. (lak) (Entered:
02/06/2017)

02/07/2017

80 Minute Entry for proceedings held before District Judge James D. Peterson: 2nd Day
Jury Trial held on 2/7/2017. Verdict returned in favor of defendant Michael Stephens.
(Court Reporter CS.) [4:12] (nln),(ps) (Entered: 02/07/2017)

02/08/2017

81 Voir Dire. (nln),(ps) (Entered: 02/08/2017)

02/08/2017

82 Introductory Jury Instructions. (nln),(ps) (Entered: 02/08/2017)

02/08/2017

83 Post−Trial Jury Instructions. (nln),(ps) (Entered: 02/08/2017)

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02/08/2017

84 Supplemental Jury Instructions. (nln),(ps) (Entered: 02/08/2017)

02/08/2017

85 Exhibits Submitted to the Jury. (Attachments:
# 1 Pl Ex. 1 − CCE Report CCI−2014−20352, dated 10/10/14,
# 2 Pl Ex. 2 − DOC Policy 306.17,
# 3 Def Ex. 501 − Employee Investigation Reports (pages 5−6, 13−14), Incident
Reports (15−17, 18−20),
# 4 Def Ex. 503 − Video of Search (DVD maintained in Clerk's Office Exhibit Room,
Pro Se Shelf),
# 5 Def Ex. 505 − Redacted DAI Policy 306.17.02) (nln),(ps) (Entered: 02/08/2017)

02/08/2017

86 Court Exhibits. (Attachments:
# 1 Court Ex. 1 − Question from Juror No. 1,
# 2 Court Ex. 2 − Question from Juror No. 8,
# 3 Court Ex. 3 − Question from Juror No. 6,
# 4 Court Ex. 4 − Note from the Jury re: unanimous verdict) (nln),(ps) (Entered:
02/08/2017)

02/08/2017

87 Special Verdict returned in favor of Defendant Michael Stephens. (nln),(ps) (Entered:
02/08/2017)

02/08/2017

88 JUDGMENT entered in favor of Defendant Michael Stephens dismissing the case.
(JDP/PAO). (nln),(ps) (Entered: 02/08/2017)

02/10/2017

89 NOTICE OF APPEAL by Plaintiff Richard Lewis as to 88 Judgment. In forma
pauperis pending. No Docketing Statement filed. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 02/10/2017)