Wilson v. Schwandt,et al
| Derrick Wilson |
| Fawn Schwandt, Michael Rublee, William Sheehan, Anne Portnoy, Matthew Gibson, Stephanie Seitz, Rodolfo Alvardo, John Doe, Richard Jacobs, City of Milwaukee Chief of Police, Christopher Schlachter, Steven Strasser, Milwaukee County Sheriff, City of Milwaukee, Philip Moseley, Michael Alles and Lt Warren Allen |
| 1:2020cv00699 |
| May 6, 2020 |
| US District Court for the Eastern District of Wisconsin |
| William E Duffin |
| William C Griesbach |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2022. A more recent docket listing may be available from PACER.
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EXHIBITS E & F (DVD format) HARD COPY ONLY re defendants' #63 Proposed Findings of Fact. (mlm)
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Filing 64
NOTICE and ORDER signed by Magistrate Judge William E Duffin on 11/8/2021 that, if by 12/8/2021, plaintiff does not respond to the defendants' summary judgment motion or does not request additional time to do so, the court will accept all facts asserted by the defendants as undisputed and may grant the motion for noncompliance. (cc: all counsel and mailed to pro se Plaintiff)(lz)
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Filing 63
Proposed Findings of Fact by Warren Allen, Michael Alles, Rodolfo Alvardo, Anne Portnoy, Christopher Schlachter, Fawn Schwandt, William Sheehan (Attachments: #1 Exhibit A - 6/14/2017 Am Inn Robbery, #2 Exhibit B - Pl. Fingerprint ID, #3 Exhibit C - TFW & Probable Cause Statements, #4 Exhibit D - DOCC Warrant & Probation, #5 Exhibit E - DVD 6/17/17 Interview, #6 Exhibit F - DVD 6/19/17 Interview, #7 Exhibit G - 6/17 Interview Pages, #8 Exhibit H - Sheehan Report Consent Phone, #9 Exhibit I - 6/19 Interview Pages, #10 Exhibit J - Schlachter Report Plaintiff Reinitiates Comms., #11 Exhibit K - 6/18/17 Residence Search & Consent, #12 Exhibit L - Pl. Crim. Case Cir. Ct. 2017CF002585, #13 Certificate of Service)(DeMaster, Jennifer)
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Filing 62
DECLARATION of Michael Alles in Support of Defs. Mot. for Summary Judgment (DeMaster, Jennifer)
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Filing 61
DECLARATION of William Sheehan in Support of Defs. Mot. for Summary Judgment (DeMaster, Jennifer)
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Filing 60
DECLARATION of Rodolfo Alvarado in Support of Defs. Mot. for Summary Judgment (DeMaster, Jennifer)
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Filing 59
DECLARATION of Christopher Schlachter in Support of Defs. Mot. for Summary Judgment (DeMaster, Jennifer)
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Filing 58
DECLARATION of Fawn Schwandt in Support of Defs. Mot. for Summary Judgment (DeMaster, Jennifer)
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Filing 57
DECLARATION of Anne Portnoy in Support of Defs. Mot. for Summary Judgment (DeMaster, Jennifer)
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Filing 56
DECLARATION of Warren Allen in Support of Defs. Mot. for Summary Judgment (DeMaster, Jennifer)
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Filing 55
DECLARATION of Jennifer DeMaster in Support of Defs. Mot. for Summary Judgment (DeMaster, Jennifer)
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Filing 54
BRIEF in Support filed by Warren Allen, Michael Alles, Rodolfo Alvardo, Anne Portnoy, Christopher Schlachter, Fawn Schwandt, William Sheehan re #53 MOTION for Summary Judgment . (Attachments: #1 Exhibit A - 6/14/2017 Am Inn Robbery, #2 Exhibit B - Pl. Fingerprint ID, #3 Exhibit C - TFW & Probable Cause Statements, #4 Exhibit D - DOCC Warrant & Probation, #5 Exhibit E - DVD 6/17/17 Interview, #6 Exhibit F - DVD 6/19/17 Interview, #7 Exhibit G - 6/17 Interview Pages, #8 Exhibit H - Sheehan Report Consent Phone, #9 Exhibit I - 6/19 Interview Pages, #10 Exhibit J - Schlachter Report Plaintiff Reinitiates Comms., #11 Exhibit K - 6/18/17 Residence Search & Consent, #12 Exhibit L - Pl. Crim. Case Cir. Ct. 2017CF002585, #13 Certificate of Service)(DeMaster, Jennifer)
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Filing 53
MOTION for Summary Judgment by All Defendants. (Attachments: #1 Certificate of Service)(DeMaster, Jennifer)
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Filing 52
CERTIFICATE OF SERVICE by All Defendants to non-ECF Pl for ECF Nos. 50 & 51 (Attachments: #1 Cover Letter Cert of Service to Pl_ECF 50 & 51)(DeMaster, Jennifer)
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Filing 51
DECLARATION of Jennifer DeMaster in Resp. to Pls. Mot. to Compel [Dkt. 48] (DeMaster, Jennifer)
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Filing 50
RESPONSE to Motion filed by All Defendants re #48 MOTION to Compel . (Attachments: #1 Exhibit A - Defs. Disc. Package, #2 Exhibit B - Defs. Supp. Disc. Package, #3 Exhibit C - Defs. Disc. Resp. to Pl., #4 Exhibit D - Pls. CCAP Crim. Case)(DeMaster, Jennifer)
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Filing 49
DECLARATION of Derrick Wilson. (mlm)
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Filing 48
MOTION to Compel and Brief in Support filed by Derrick Wilson. (Attachments: #1 Exhibits 1-4 (Bookmarked))(mlm)
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Filing 47
NOTICE of Appearance by Jennifer DeMaster on behalf of Warren Allen, Michael Alles, Rodolfo Alvardo, Anne Portnoy, Christopher Schlachter, Fawn Schwandt, William Sheehan. Attorney(s) appearing: Jennifer Demaster (Attachments: #1 Certificate of Service Attachment)(DeMaster, Jennifer)
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Filing 46
FILING FEE PAID IN FULL (Babits, Anthony)
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Filing 45
NOTICE of Substitution by Robin A Pederson on behalf of Warren Allen, Michael Alles, Rodolfo Alvardo, Anne Portnoy, Christopher Schlachter, Fawn Schwandt, William Sheehan. Additional Attorney(s) appearing: Yolanda Y. McGowan and Christian Thomas; Attorney Robin A. Pederson to be termed. (Attachments: #1 Certificate of Service Attachment)(Pederson, Robin)
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Filing 44
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 5/28/2021. The court DENIES the defendants' motion to stay proceedings. #43 . However, the court will extend all current deadlines by 90 days. The discovery deadline is now October 7, 2021. The dispositive motion deadline is now November 8, 2021. (cc: all counsel and mailed to pro se party)(mlm)
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Filing 43
Rule 7(h) Expedited Non-Dispositive MOTION to Stay Proceedings by Warren Allen, Michael Alles, Rodolfo Alvardo, Anne Portnoy, Christopher Schlachter, Fawn Schwandt, William Sheehan. (Attachments: #1 Certificate of Service)(Pederson, Robin)
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Filing 42
NOTICE of Substitution by Naomi E Gehling on behalf of Michael Alles, Rodolfo Alvardo, Anne Portnoy, Christopher Schlachter, Fawn Schwandt, William Sheehan. Additional Attorney(s) appearing: Robin A. Pederson; Attorney Naomi E. Gehling to be termed. (Attachments: #1 Certificate of Service Certificate of Service to Non-ECF Participant)(Gehling, Naomi)
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Filing 41
NOTICE of Change of Address as to Derrick Wilson. Mr. Wilson new address is RCI, PO Box 900, Sturtevant, WI 53177-0900. (Address updated.) (mlm)
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Filing 40
NOTICE of Substitution by Naomi E Gehling on behalf of Warren Allen, Michael Alles, Rodolfo Alvardo, Anne Portnoy, Christopher Schlachter, Fawn Schwandt, William Sheehan. Additional Attorney(s) appearing: Naomi E. Gehling; Attorney Katryna C. Rhodes to be termed. (Attachments: #1 Certificate of Service Attachment)(Gehling, Naomi)
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Filing 39
LETTER from Anne Berleman Kearney . (Kearney, Anne)
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Filing 38
REQUEST by Derrick Wilson for Scheduling Conference. (Attachments: #1 Exhibits A-B)(mac)
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Filing 37
SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 1/9/2021. Parties must serve their discovery requests by a date sufficiently early so that discovery is completed no later than July 9, 2021. Defendants may file a motion for summary judgment on the ground Wilson failed to exhaust the available administrative remedies, together with supporting materials, no later than April 9, 2021. Parties may file motions for summary judgment on the merits, together with supporting materials, no later than August 9, 2021. (cc: all counsel and mailed to pro se party)(mlm)
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Filing 36
Amended ANSWER to #20 Amended Complaint with Jury Demand by Warren Allen. (Attachments: #1 Certificate of Service Certificate of Service to Non-ECF Participant)(Rhodes, Katryna)
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Filing 35
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 2/8/2021. The defendants' motion to enlarge the time to answer the amended complaint (ECF No. #32 ) is GRANTED and the deadline is extended to February 12, 2021. The court notes that defendant Lt. Warren Allen has yet to answer the amended complaint. (cc: all counsel and mailed to pro se party)(mlm)
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Filing 34
CERTIFICATE OF SERVICE by Michael Alles, Anne Portnoy, William Sheehan (Rhodes, Katryna)
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Filing 33
ANSWER to #20 Amended Complaint with Jury Demand by Michael Alles, Anne Portnoy, William Sheehan.(Rhodes, Katryna)
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Filing 32
MOTION for Extension of Time to File Answer by Michael Alles, Anne Portnoy, William Sheehan. (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendants' Motion to Enlarge Time to File An Answer)(Rhodes, Katryna)
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Filing 31
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 1/21/2021, DENYING plaintiff Derrick Wilson's motion to ascertain a scheduling order (ECF No. #30 ). Defendants William Sheehan, Anne Portnoy, Michael Alles, and Warren Allen have not yet answered the amended complaint. Accordingly, the court has not yet issued a scheduling order. (cc: all counsel and mailed to pro se party)(mlm)
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DISREGARD ENTRY - DOCKETED IN WRONG CASE Consent to Magistrate Judge Jurisdiction (mlm) Modified on 1/21/2021 (mlm).
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Filing 30
MOTION to ascertain scheduling order by Derrick Wilson. (lh)
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SECOND NOTICE from the clerk to Defendants, William Sheehan, Anne Portnoy, Michael Alles, and Wiiliam Sheehan requesting that the Consent/Refusal form to Magistrate Judge William E. Duffin be filed within 10 days; the form is available #here. (mlm)
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Filing 29
LETTER from Derrick Wilson requesting copy of scheduling order.. (cav)
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NOTICE from the clerk to Defendants, William Sheehan, Anne Portnoy, Michael Alles, and Warren Allen requesting that the Consent/Refusal form to Magistrate Judge William E. Duffin be filed within 14 days; the form is available #here. (mlm)
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Filing 28
CERTIFICATE OF SERVICE by Warren Allen, Michael Alles, Anne Portnoy, William Sheehan on Non ECF Participant enclosing Waiver of Service of Summons (Rhodes, Katryna)
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Filing 27
WAIVER OF SERVICE Returned Executed by Warren Allen - Waiver sent on 11/2/2020. (Rhodes, Katryna)
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Filing 26
WAIVER OF SERVICE Returned Executed by Michael Alles - Waiver sent on 11/2/2020. (Rhodes, Katryna)
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Filing 25
WAIVER OF SERVICE Returned Executed by Anne Portnoy - Waiver sent on 11/2/2020. (Rhodes, Katryna)
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Filing 24
WAIVER OF SERVICE Returned Executed by William Sheehan - Waiver sent on 11/2/2020. (Rhodes, Katryna)
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Filing 23
CERTIFICATE OF SERVICE by Rodolfo Alvardo, Christopher Schlachter, Fawn Schwandt on Non ECF Participant enclosing Defendants' Answer and Affirmative Defenses to Plaintiff's Amended Complaint (Rhodes, Katryna)
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Filing 22
ANSWER to #20 Amended Complaint with Jury Demand and Affirmative Defenses by Rodolfo Alvardo, Christopher Schlachter, Fawn Schwandt.(Rhodes, Katryna)
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Filing 21
US Marshal 285 Form - Waiver of Service for Christopher Schlacter e-filed. (mlm)
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Filing 20
AMENDED COMPLAINT with Jury Demand against Warren Allen, Michael Alles, Rodolfo Alvardo, Anne Portnoy, Christopher Schlachter, Fawn Schwandt, William Sheehan and John Doe Sgt 017989 filed by Derrick Wilson.(mlm) Modified on 9/28/2020 (mlm).
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Filing 19
ORDER signed by Magistrate Judge William E Duffin on 9/24/2020. The plaintiff Derrick Wilson's second motion to amend the complaint (ECF No. #12 ) is GRANTED. The Clerk of Court is directed to detach and e-file the amended complaint (ECF No. 12-1), which is now the operative complaint. The City of Milwaukee, the Director of WI Division of Community Corrections, Milwaukee Chief of Police, Milwaukee County Sheriff, Michael Rublee, Stephanie Seitz, and Steven Strasser are DISMISSED. The U.S. Marshals Service shall serve a copy of the amended complaint and this order upon defendants Sheehan, Portnoy, Alles, and Allen. The defendants Schwandt, Alvarado, Schlachter, Sheehan, Portnoy, Alles, and Allen shall file a responsive pleading to the complaint. (cc: all counsel, plaintiff, Warden) (mlm)
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Filing 18
ORDER REASSIGNING CASE ON CONSENT signed by Judge William C Griesbach on 9/8/2020. Case reassigned to Magistrate Judge William E Duffin for all further proceedings. Judge William C Griesbach no longer assigned to case. (cc: all counsel and via U.S. Mail to Derrick Wilson)(Griesbach, William)
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Filing 17
Magistrate Judge Jurisdiction Form filed by Rodolfo Alvardo, Christopher Schlachter, Fawn Schwandt. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Rhodes, Katryna)
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Filing 16
CERTIFICATE OF SERVICE by Rodolfo Alvardo, Christopher Schlachter, Fawn Schwandt on Non ECF-Participant enclosing Notice of Appearance and Waiver of the Service of Summons for Rodolfo Alvarado and Christopher Schlachter (Rhodes, Katryna)
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Filing 15
WAIVER OF SERVICE Returned Executed by Christopher Schlachter - Waiver sent on 8/11/2020. (Rhodes, Katryna)
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Filing 14
WAIVER OF SERVICE Returned Executed by Rodolfo Alvardo - Waiver sent on 8/11/2020. (Rhodes, Katryna)
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Filing 13
NOTICE of Appearance by Katryna C Rhodes on behalf of Rodolfo Alvardo, Christopher Schlachter, Fawn Schwandt. Attorney(s) appearing: Katryna C. Rhodes (Rhodes, Katryna)
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Filing 12
SECOND MOTION to Amend Complaint by Derrick Wilson. (Attachments: #1 Amended Complaint with attachments)(lh)
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Filing 11
ORDER signed by Judge William C Griesbach on 8/21/2020 denying #10 Motion to Amend complaint. (cc: all counsel and via US Mail to Wilson) (Griesbach, William)
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Filing 10
MOTION to Amend Complaint by Derrick Wilson. (Attachments: #1 Exhibits)(mac)
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Filing 9
TRANSMIT Complaint, Notice, Waiver, Order and Consent issued to USM for service upon Defendants Schwandt, Alvarado and Schlachter. (lh)
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Filing 8
SCREENING ORDER signed by Judge William C. Griesbach on 7/10/2020. Wilson's #5 MOTION for leave to proceed with prepaying the filing fee is GRANTED. Wilson's #2 MOTION to pay the initial filing fee out of his release account is DENIED as moot. Defendants City of Milwaukee, Director of WI Division of Community Corrections, Milwaukee Chief of Police, Milwaukee County Sheriff, Michael Rublee, Stephanie Seitz, Steven Strasser, Richard Jacobs, William Sheehan, Anne Portnoy, Matthew Gibson and Philip Mosely are DISMISSED. The US Marshals Service shall serve a copy of the #1 complaint and this order upon defendants Fawn Schwandt, Rodolfo Alvardo and Christopher Schlacter pursuant to Federal Rule of Civil Procedure 4. (cc: all counsel and via US Mail to Wilson and Warden)(Griesbach, William)
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INITIAL PARTIAL FILING FEE Received: $19.96, receipt number GB4689-5683 ; the payment of all future filing fees will be maintained by the financial department (lh)
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Filing 7
ORDER that on or before 6/12/2020 plaintiff shall forward to the Clerk of Court the sum of $ 19.96 as an initial partial filing fee in this action signed by Judge William C Griesbach on 5/22/2020. (cc: all counsel and via US Mail to Wilson and Officer in Charge)(Griesbach, William)
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Filing 6
Prisoner Trust Fund Account Statement by Derrick Wilson. (mac)
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Filing 5
MOTION for Leave to Proceed Without Prepayment of the Filing Fee by Derrick Wilson. (mac)
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Filing 4
Magistrate Judge Jurisdiction Form filed by Derrick Wilson. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (mac)
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Filing 3
LETTER from the clerk re Consent/Refusal to Magistrate Judge Duffin and requesting that the consent/refusal form be filed within 21 days. Also requesting payment of the full filing fee or that a petition to proceed without prepayment of the full filing fee and six-month certified trust account statement be filed within 21 days. (lh) Modified text to include petition language on 5/6/2020 (lh).
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Filing 2
MOTION for Order to pay partial filing fee from release account by Derrick Wilson. (lh)
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Filing 1
PRISONER COMPLAINT with Jury Demand filed against All Defendants by Derrick Wilson. (Attachments: #1 Ex A-N and P-T)(lh)
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