Byrd, Lewis v. Arnez, Brandon

Filing 96

ORDER that Attorneys David B. Owens and Anand Swaminathan have agreed to represent plaintiff in this case. The clerk of court is directed to set a telephone conference before Magistrate Judge Stephen Crocker to set the schedule for the remainder of the proceedings in this lawsuit. Signed by District Judge James D. Peterson on 8/17/2018. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

LEWIS EDWARD BYRD III,
Plaintiff,
v.

ORDER
17-cv-191-jdp

BRANDON ARENZ,
Defendant.

Pro se plaintiff Lewis Edward Byrd III is proceeding on a Fourth Amendment
excessive force claim against defendant Brandon Arenz, a law enforcement officer. He alleges
that Arenz shot at him 11 times and twisted his arm during an arrest. In a June 25, 2018
order, I granted Byrd’s motion for the court’s assistance in recruiting counsel to represent
him and stayed the proceedings. Dkt. 95.
The court has now located counsel. Attorneys David B. Owens and Anand
Swaminathan of the law firm Loevy & Loevy have agreed to represent Byrd, with the
understanding that they will serve with no guarantee of compensation for their services. It is
the court’s intention that the scope of representation extends to proceedings in this court
only.1
Byrd should understand that because he is now represented in this case, he may not
communicate directly with the court from this point forward. He must work directly with his
lawyers and must permit them to exercise their professional judgment to determine which
matters are appropriate to bring to the court’s attention and in what form. Byrd does not
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“Proceedings in this court” include all matters leading up to a final judgment on the merits,
the filing of a notice of appeal, if appropriate, and ensuring that all steps are taken to transfer
the record to the Court of Appeals for the Seventh Circuit.

have the right to require counsel to raise frivolous arguments or to follow every directive he
makes. He should be prepared to accept the strategic decisions made by his lawyers even if he
disagrees with some of them. If Byrd decides at some point not to work with these lawyers,
he is free to end the representation, but he should be aware that it is unlikely that the court
will recruit another lawyer to represent him.

ORDER
IT IS ORDERED that the clerk of court is directed to set a telephone conference
before Magistrate Judge Stephen Crocker to set the schedule for the remainder of the
proceedings in this lawsuit.
Entered August 17, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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