Shields v. Dane County Jail Mental Health Dept et al

Filing 37

ORDER that plaintiff Cortez Willie Shields is DENIED leave to proceed against any additional defendants described in his Amended Complaint filed October 30, 2019 (dkt. # 32 ). Unidentified defendants "Sarah April" and "Sarah L.&qu ot; are DISMISSED from this lawsuit. The clerk's office is directed to terminate them as defendants. Plaintiff's deadline to identify defendant "Tony" in an amended complaint is extended to April 15, 2020. Signed by District Judge William M. Conley on 3/2/2020. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CORTEZ WILLIE SHIELDS,
Plaintiff,

ORDER

v.
BRITTANY B. KOCH and “TONY,”

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17-cv-266-wmc

Defendants.
The court granted pro se plaintiff Cortez Willie Shields leave to proceed on a claim
that “Sarah L., Lt. Tony, Sarah April and BBK,” all employees of the Dane County Jail,
violated his constitutional rights by requiring him to talk about his mental health needs
through a food slot within earshot of other inmates. The court directed the U.S. Marshals
to serve those four defendants, and they successfully served defendant BBK, who is now
identified as Brittany B. Koch, and another Dane County Jail employee, Lt. Tony (dkt.
##18, 19), but were unable to serve Sarah April or Sarah L. because the jail’s mental health
department has never employed a person of either name (dkt. #20). In a prior order, the
court denied plaintiff leave to proceed against any additional individuals named in his
amended complaint and also directed him to identify Sarah April or Sarah L. by November
22, 2019. (10/16/19 Order (dkt. #30).)
Instead of responding with identifying information for Sarah April or Sarah L.,
plaintiff filed a purported amended complaint clarifying that “Tony” is a mental health
staff member and not the “Lt. Tony” who was served with the complaint. Defendant

The clerk’s office is directed to amend the names on the docket of these two defendants as reflected
in this caption.
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“Tony,” however, has not been identified and has not been served with the complaint. The
court will amend the caption to reflect that the name of this defendant is simply “Tony,”
last name unknown, rather than Lt. Tony. If plaintiff wishes to proceed against Tony,
Shields should prepare and serve discovery requests on defendants to identify accurately
“Tony.” Plaintiff’s deadline for identifying defendant Tony in an amended complaint is
April 15, 2020.
As for Sarah April and Sarah L., the court provided plaintiff until November 29,
2019, to identify them, and he failed to meet this deadline. As such, the court will dismiss
the claims against these two unidentified defendants.

In his most recent amended

complaint, Shields also reiterated his desire to name other individuals identified by their
initials as defendants in this action on the basis that these individuals are also mental
health employees with whom he interacted. Plaintiff, however, has failed to allege what
these specific individuals did or did not do to address his mental health needs. As such,
the court cannot permit him leave to proceed against these other individuals.

ORDER
IT IS ORDERED that:
1) Plaintiff Cortez Willie Shields is DENIED leave to proceed against any
additional defendants described in his Amended Complaint filed October 30,
2019 (dkt. #32).
2) Unidentified defendants “Sarah April” and “Sarah L.” are DISMISSED from
this lawsuit. The clerk’s office is directed to terminate them as defendants.

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3) Plaintiff’s deadline to identify defendant “Tony” in an amended complaint is
extended to April 15, 2020.
Entered this 2nd day of March, 2020.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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