Dunn, Phillip v. Levine, Elliott et al

Filing 94

JUDGMENT entered in favor of defendants dismissing this case. Signed by Peter A. Oppeneer, Clerk of Court on 12/9/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
PHILLIP S. DUNN,
Plaintiff,

JUDGMENT IN A CIVIL CASE
Case No. 15-cv-430-bbc

v.
ELLIOT LEVINE, JESSICA SKEMP,
RONALD TISCHER, PATRICIA O'NEIL,
RON SECORD, ANDREW DTTTMAN,
SHAWN KUDRON, DAN ULRICH,
NATHAN POKE AND
THE CITY OF LA CROSSE, WISCONSIN,
Defendants.

This action came before the court and a jury for consideration with District
Judge William M. Conley presiding. The issues have been tried and the jury has
rendered its verdict.

IT IS ORDERED AND ADJUDGED that the following claims are dismissed
under Fed. R. Civ. P. 12(b)(6) for plaintiff Phillip Dunn's failure to state a claim
upon which relief may be granted:
(1)

Defendant Jessica Skemp allegedly violated plaintiffs rights by filing a
criminal complaint against him;

(2)

Defendant Patricia O'Neil allegedly violated plaintiffs rights by failing
to argue an issue about sentence credit;

(3)

Defendant Elliot Levine allegedly violated plaintiffs rights by denying
his request for a sentence modification;

Judgment n a Civil Case

(4)

Page 2

Defendant the City of La Crosse allegedly violated plaintiff's rights by
failing to properly supervise its employees, and

(5)

Defendants Ronald Tischer and Andre Dittman allegedly violated
plaintiffs rights.

IT IS FURTHER ORDERED AND ADJUDGED that the following claims are
dismissed under Fed. R. Civ. P. 56 because no reasonable jury could find in plaintiffs
favor:
(1)

Defendant Shawn Kudron allegedly violated plaintiff's rights in October
2014 by entering his home and bedroom without justification and by
arresting plaintiff without probable cause;

(2)

Defendants Dan Ulrich and Nathan Poke allegedly violated plaintiff's
rights in December 2014 by conducting a traffic stop of plaintiff
without justification.

IT IS FURTHER ORDERED AND ADJUDGED that the following claims are
dismissed under Fed. R. Civ. P. 50 because no reasonable jury could find in plaintiffs
favor:
(1)

Defendants Ron Secord, Ulrich and Poke allegedly violated plaintiffs
i
rights by entering his home on October 28, 2014 without justification;
and

(2)

Defendants Secord, Ulrich and Poke allegedly violated plaintiffs rights
by arresting him without probable cause.

Page 3

Judgment in a Civil Case

IT IS FURTHER ORDERED AND ADJUDGED that the following claim is
dismissed in accordance with the jury's verdict in defendants' favor: defendants
Secord, Ulrich and Poke allegedly violated plaintiff's rights by entering his bedroom
in October 2014 without justification.
Judgment is entered in favor of defendants on each of these claims and this
case is dismissed.

-ett
Approved as to form this 7 day of December, 2016.

M. Conley
udge

Peter Oppeneer, Clerk of Court

I 2," c774,
Date