Anderson, Tracy v. Pollard, William et al

Filing 66

ORDER after trial prep conference held August 31st. Signed by District Judge William M. Conley on 08/31/2018. (mfh),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TRACY B. ANDERSON,
Plaintiff,

ORDER

v.
15-cv-785-wmc
TREVOR RADKE, et al.,
Defendants.
The court held a telephonic conference today to address the status of trial
preparations. The purpose of this order is to formalize rulings made on the record.

ORDER
IT IS ORDERED that:
1) Despite concerns raised in his letters regarding access to certain of his materials
(dkt. ##48, 62), plaintiff continues to present as fully capable of representing
himself at trial, even with his recent relocation into segregation.
2) In particular, defense counsel is responsible for ensuring plaintiff’s prompt access
to his copy of the Prisoner’s Self-Help Litigation Manual and his religious books.
3) Plaintiff has no objections to the admission of defendants’ proposed Exhibits
501-507.
4) The clerk of court is DIRECTED to issue writs of habeas corpus ad testificandum
for the attendance of Julious Wallace, Adam Yeoman and Djuan LeBourgeois at
trial no later than 11:00 a.m. on September 10, 2018, at the federal courthouse
in Madison, Wisconsin. These witnesses will complete their testimony during
the first day of trial.
5) Defendants’ first motion in limine, seeking to exclude “any testimony or
reference to any other lawsuits involving defendants, any inmate grievances
against defendants except those from the plaintiff related to this case, or any of
defendants’ personnel file work history” (dkt. #58 at 1), is GRANTED.

6) Defendants’ second motion in limine, seeking permission to impeach plaintiff
with his December 9, 1999, conviction for Felony Murder-Armed Robbery (id.
at 2), is GRANTED IN PART AND DENIED IN PART. If plaintiff takes the
stand, defense counsel may impeach plaintiff’s character for truthfulness by
asking: “On December 9, 1999, you were convicted of Felony Murder-Armed
Robbery, true?” Unless plaintiff answers “no,” defendants will not inquire
further or be allowed to introduce other evidence related to that conviction.
7) If plaintiff intends to pursue any motions in limine or offer any exhibits at trial,
he must do so before or during the telephonic final pretrial conference on
September 6, 2018, at 3:00 p.m. Otherwise, his right to do so shall be deemed
waived.
8) The court issued proposed voir dire, jury instructions, and special verdict forms
today and will address any concerns the parties may have with those proposals
at next week’s telephonic final pretrial conference.
Entered this 31st day of August, 2018.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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