Winston, Shomas v. Cook et al

Filing 88

ORDER that Plaintiff Shomas T. Winston's motion for sanctions, Dkt. 79 , is DENIED. Signed by District Judge James D. Peterson on 2/5/2024. (rks),(ps)

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

SHOMAS T. WINSTON,
Plaintiff,
v.

ORDER

LIEUTENANT KOLBO, OFFICER HOLTHAUS,
OFFICER WILKINSON, and SERGEANT BERGER,

23-cv-9-jdp

Defendants.
Plaintiff Shomas T. Winston, without counsel, has moved for sanctions against
defendants, contending that they lied in their discovery responses. Dkt. 79. I will deny the
motion.
Defendants Brett Wilkinson and Tyler Holthaus were part of a team that introduced
an incapacitating agent into Winston’s cell to extract him from it, allegedly because he
threatened to harm himself. Winston contends that video recordings show that Wilkinson and
Holthaus falsely stated in responses to interrogatories that, when he was directed to the ground
after being removed from his cell, he wasn’t: (1) spitting up or vomiting; or (2) using
deadweight tactics. I have reviewed footage of the incident from both wall-mounted and
handheld cameras. The handheld camera is more informative because it is closer and has audio.
Contrary to Winston’s contention, the videos are inconclusive. The handheld camera video
shows a substance coming from Winston’s mouth around that time, but the substance looks
more like saliva than vomit. Winston appears to collapse at one point, but one cannot tell from
the videos whether he collapses from weakness or as a deadweight tactic.

ORDER
IT IS ORDERED that:
1. Plaintiff Shomas T. Winston’s motion for sanctions, Dkt. 79, is DENIED.
2. The clerk of court is directed to send Winston a copy of this order.
Entered February 5, 2024.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2