Scolman, Joshua et al v. Walker, Scott et al

Filing 47

ORDER granting Plaintiff Kamau T.Z. Damali's 42 Motion for Reconsideration. Damali will be reinstated as a plaintiff in this case. The motions for extension of time filed by plaintiffs Fredrick Andrew Morris andJovan Williams, dkt. # 43 a nd # 45 , are GRANTED IN PART and DENIED IN PART. Plaintiffs may have until December 5, 2018 to file an amended complaint that complies with the October 18, 2018 order, dkt. # 41 . Signed by District Judge Barbara B. Crabb on 11/8/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - FREDRICK ANDREW MORRIS,
KAMAU T.Z. DAMALI and
JOVAN WILLIAMS,
ORDER
Plaintiffs,
18-cv-496-bbc
v.
SCOTT WALKER, JON LITSCHER, JAMES GREER,
DAVID BURNETT, M.D., KEVIN KALLAS, M.D.,
DAI ADMINISTRATOR, WARDENS OF CCI, WCI, GBCI
and WSPF, SECURITY DIRECTORS OF CCI, WCI, GBCI
and WSPF, PSU DIRECTORS OF CCI, WCI, GBCI
and WSPF, HSU MANAGERS OF CCI, WCI, GBCI
and WSPF and UNNAMED JOHN AND JANE DOES,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - This is a proposed civil action originally filed by eight prisoners incarcerated at
various prisons within the Wisconsin Department of Corrections. The complaint sets out
allegations relating to the treatment of prisoners who are held in solitary confinement. On
October 18, 2018, I concluded that plaintiffs Kamau T.Z. Damali, Robert Jay Ward, Dennis
Mix, Scott A. Brown and Timothy Sidney had voluntarily withdrawn from this case by
failing to submit a signed copy of the complaint. Dkt. #41. I also explained that plaintiffs
Fredrick Morris and Jovan Williams could not proceed further without filing an amended
complaint that clarified the claims on which they are seeking to proceed. I gave them until
November 14, 2018 to file an amended complaint.
Now plaintiff Kamau Damali has filed a motion for reconsideration, dkt. #42, stating
that he had submitted a signed copy of the complaint to the court on August 2, 2018 and
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that he wants to remain in this case. He has also submitted a new signature page for the
complaint. Dkt. #42-1. Therefore, I will permit Damali to proceed as plaintiff.
My previous order requiring plaintiffs to submit an amended complaint still stands.
However, plaintiffs Morris and Williams have filed a motion seeking an extension of 60 days
to file the amended complaint. They state that they are mentally ill, are having trouble
communicating through the prison mail system and must rely on the assistance of more
experienced litigators to draft an amended complaint. Dkt. #43 and #44. The court also
received an affidavit from prisoner advocate Peg Swan, stating that plaintiffs need additional
time because they are trying to find a lawyer and because she is considering whether to add
new prisoners and claims to this case. Dkt. #46.
Plaintiffs may have an additional three weeks, until December 5, 2018, to file an
amended complaint that addresses all of the court’s questions and concerns as set out in the
October 18 order. I will not give plaintiffs an additional 60 days to file an amended
complaint. This case has been pending for several months and has not yet passed the
screening stage. Although I understand that it is difficult to communicate with the other
plaintiffs through the prison system, plaintiffs were aware of these difficulties when they
made the choice to proceed jointly with this case. Additionally, although plaintiffs state that
they have mental illnesses, both have litigated in this court before and are aware of their
obligations as plaintiffs. Plaintiffs must use their best efforts to comply with court deadlines.
Thus, although the court will provide some leeway and additional time to plaintiffs when
necessary, plaintiffs should not expect that they will have months to respond to an order.

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Plaintiffs must establish a system by which they can satisfy their obligations as the plaintiffs
in this case.
Finally, I remind the parties and Peg Swan that Swan is not representing plaintiffs
and she is not a party to this case. Swan has apparently drafted most of the pleadings filed
in this case and wishes that more prisoners would join as plaintiffs. However, this case is
now about the claims involving plaintiffs Morris, Williams and Damali personally. The
court will not delay proceedings so that Swan can recruit more plaintiffs.
In conclusion, (1) Damali may proceed as a plaintiff; (2) plaintiffs must file an
amended complaint by December 5, 2018 that addresses all of the court’s questions and
concerns as described in the October 18 order; (3) the amended complaint must be signed
by all three plaintiffs. If plaintiffs do not submit an amended complaint by December 5, I
will dismiss this case for failure to comply with Rule 8 of the Federal Rules of Civil
Procedure.

ORDER
IT IS ORDERED that
1.

Plaintiff Kamau T.Z. Damali’s motion for reconsideration, dkt. #42, is

GRANTED. Damali will be reinstated as a plaintiff in this case.
2. The motions for extension of time filed by plaintiffs Fredrick Andrew Morris and
Jovan Williams, dkt. #43 and #45, are GRANTED IN PART and DENIED IN PART.
Plaintiffs may have until December 5, 2018 to file an amended complaint that complies with

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the October 18, 2018 order, dkt. #41.
Entered this 8th day of November, 2018.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

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