Ward, Robert v. Kirk, Dane

Filing 93

ORDER denying plaintiff's 75 motion for assistance in recruiting counsel to represent him a trial; denying plaintiff's 88 motion to exclude from evidence incident report #00211045; granting in part and denying in part 87 plaintiff 9;s motion to exclude from evidence several other documents and statements. Plaintiff's motion for assistance in recruiting counsel to represent him for mediation (dkt. #85) is TAKEN UNDER ADVISEMENT. Plaintiff's 89 Declaration to Authenticate Documents is taken under advisement. Defendant may have until March 19, 2018, to inform the court and plaintiff in writing whether he disputes the authenticity of the documents attached to plaintiff's declaration. If defendant d isputes the authenticity or otherwise objects, plaintiff may have until March 26, 2018 to file a response. Plaintiff's motion for a writ of habeas corpus ad testificandum for the appearanceof inmate Vern Patrick Stone, Jr., incarcerated at th e Columbia Correctional Institution (dkt. #81), is GRANTED. The clerk of court is directed to issue a writ of habeas corpus ad testificandum for the attendance of witness Stone at the trial beginning on May 7, 2018. Signed by District Judge William M. Conley on 3/8/2018. (jef/cc: POA),(ps) Modified docket text on 3/8/2018 (jef).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ROBERT WARD,
Plaintiffs,

ORDER

v.
Case No. 16-cv-508-wmc
DANE KIRK,
Defendant.

Pro se plaintiff Robert Ward is proceeding on a claim that defendant Dane Kirk
violated plaintiff’s Eighth Amendment rights by ignoring his threats of self-harm and
allowing him to cut and seriously wound himself. A jury trial is scheduled for May 7, 2018.
The court held a hearing today at which several pre-trial motions filed by Ward were
addressed. For the reasons explained more fully at the hearing, plaintiff’s motions are
resolved as follows:
1. Plaintiff’s motion for assistance in recruiting counsel to represent him at trial
(dkt. #75) is DENIED. The court confirmed with the parties that there are few factual
disputes remaining in this case that need to be resolved at trial. As he had in his written
submissions, plaintiff again demonstrated at the hearing that he has a good understanding
of the relevant facts, applicable legal standards and his trial obligations. The court is
persuaded that plaintiff is more than capable of representing himself for the remainder of
the case.
2.

Plaintiff’s motion for assistance in recruiting counsel to represent him for

mediation (dkt. #85) is TAKEN UNDER ADVISEMENT. The court will request that

Magistrate Judge Oppeneer contact the parties about a potential mediation of this case,
including appointment of counsel for that limited purpose.
3. Plaintiff’s motion to exclude from evidence incident report #00211045 (dkt.
#88) is DENIED. If plaintiff believes there are inconsistencies between the incident report
and other evidence, he may point those out to the jury at trial, but apparent inconsistencies
are not a basis for excluding the report as evidence.
4.

Plaintiff’s motion to exclude from evidence several other documents and

statements (dkt. #87) is GRANTED IN PART and DENIED IN PART. The court will
deny parts 1-4 of the motion because plaintiff’s arguments regarding this evidence may be
valid points for impeachment purposes but are not a basis for excluding the evidence. The
court will GRANT the motion with respect to defendant’s affidavit being used or offered
into evidence by defendant.
5. Plaintiff’s declaration to authenticate documents (dkt. #89) is TAKEN UNDER
ADVISEMENT. Defendant may have until March 19, 2018, to inform the court and
plaintiff in writing whether he disputes the authenticity of the documents attached to
plaintiff’s declaration or otherwise objects to their admission at trial, and if so, the specific
grounds for doing so. If defendant disputes the authenticity or otherwise objects, plaintiff
may have until March 26, 2018 to file a response.
6. Plaintiff’s motion for a writ of habeas corpus ad testificandum for the appearance
of inmate Vern Patrick Stone, Jr., incarcerated at the Columbia Correctional Institution
(dkt. #81), is GRANTED. Plaintiff has submitted an affidavit stating that Stone has
agreed to testify voluntarily and will provide testimony relevant to his claim. The clerk of
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court is directed to issue writs of habeas corpus ad testificandum for the attendance of
witness Stone at the trial beginning on May 7, 2018. The witnesses should arrive at the
courthouse no later than 10:00 a.m.

IT IS SO ORDERED.
Entered this 8th day of March, 2018.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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