Eubanks v. Dorn, et al
| Shawn Eubanks |
| Jacob Dorn, Gwendolyn Vick, Brian Foster, Anthony Meli, Cpt Kyle Tritt and Sergeant Beahm |
| 1:2022cv00195 |
| February 16, 2022 |
| US District Court for the Eastern District of Wisconsin |
| Green Bay Office |
| William C Griesbach |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 41
NOTICE AND ORDER re #37 MOTION for Summary Judgment signed by Judge William C Griesbach on 4/1/2022. Plaintiff's response to the summary judgment motion is due 5/2/2022. (cc: all counsel and mailed to pro se party)(Griesbach, William)
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Filing 40
DECLARATION of Bradley Hompe (Attachments: #1 Exhibit 1000- ICRS, #2 Exhibit 1001- WCI-2018-9381)(Toulouse, Pauline)
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Filing 39
Proposed Findings of Fact by Jacob Dorn, Kyle Tritt, Gwendolyn Vick (Toulouse, Pauline)
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Filing 38
BRIEF in Support filed by Jacob Dorn, Kyle Tritt, Gwendolyn Vick re #37 MOTION for Summary Judgment Partial on Exhaustion Grounds . (Toulouse, Pauline)
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Filing 37
MOTION for Summary Judgment Partial on Exhaustion Grounds by Jacob Dorn, Kyle Tritt, Gwendolyn Vick. (Attachments: #1 Certificate of Service)(Toulouse, Pauline)
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Filing 36
Magistrate Judge Jurisdiction Form filed by Shawn Eubanks. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (cmb)
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Filing 35
Magistrate Judge Jurisdiction Form filed by Jacob Dorn, Kyle Tritt, Gwendolyn Vick. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Toulouse, Pauline)
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Filing 34
SCHEDULING ORDER signed by Judge William C Griesbach on 2/16/2022. Discovery due by 7/18/2022. Motions due by 8/15/2022. (cc: all counsel and mailed to pro se party)(Griesbach, William)
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Filing 33
LETTER from the Clerk to Shawn Eubanks requesting that he submit the consent/refusal form for Magistrate Judge William E Duffin within 21 days. (tlf)
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Filing 32
Case transferred in from District of Wisconsin Western; Case Number 3:18-cv-00991. Original file certified copy of transfer order and docket sheet received.
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Filing 31
ORDER that Defendants' motion to transfer (dkt. #27 ) is GRANTED. Pursuant to 28 U.S.C. 1404(a), this case is TRANSFERRED to the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 2/16/2022. (kmd),(ps)[Transferred from wiwd on 2/16/2022.]
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NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. (jcl)
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Set Deadlines as to #27 MOTION TO TRANSFER to Eastern District of Wisconsin . Plaintiff's Brief in Opposition due 1/24/2022. Defendants' Brief in Reply due 1/31/2022. (kmd),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 30
ANSWER with Jury Demand by Defendants Jacob Dorn, Kyle Tritt, Gwendolyn Vick. (Toulouse, Pauline),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 29
Declaration of Kelly Salinas filed by Defendants Jacob Dorn, Kyle Tritt, Gwendolyn Vick re: #27 Motion to Transfer (Toulouse, Pauline),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 28
Declaration of Yana Pusich filed by Defendants Jacob Dorn, Kyle Tritt, Gwendolyn Vick re: #27 Motion to Transfer (Toulouse, Pauline),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 27
MOTION TO TRANSFER to Eastern District of Wisconsin by Defendants Jacob Dorn, Kyle Tritt, Gwendolyn Vick. (Attachments: #1 Certificate of Service) (Toulouse, Pauline),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 26
Notice that for the remainder of this lawsuit plaintiff need only send a copy of his filings in this case to the court pursuant to an informal service agreement with the Wisconsin Department of Justice. (kmd),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 25
Notice of Appearance filed by Pauline Toulouse for Defendants Jacob Dorn, Kyle Tritt, Gwendolyn Vick. (Toulouse, Pauline),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 24
Acceptance of Service by DOJ on behalf of Defendants Jacob Dorn, Kyle Tritt, Gwendolyn Vick. (Flugaur, Brandon),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 23
Notice of Appearance filed by Brandon Flugaur for Defendants Jacob Dorn, Kyle Tritt, Gwendolyn Vick. (Attachments: #1 Certificate of Service) (Flugaur, Brandon),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 22
** TEXT ONLY ORDER ** The court has an informal service agreement with the Wisconsin Department of Justice that provides defendants 60 days to respond to a 42 U.S.C. 1983 complaint filed by a pro se person in the custody of the State of Wisconsin. Accordingly, the court's order entered on November 10, 2021, dkt. #21 , is modified to say, "Pursuant to an informal service agreement between the Wisconsin Department of Justice and this court, copies of plaintiff's complaint and this order are being sent today to the Attorney General for service on the state defendants. Under the agreement, the Department of Justice will have 60 days from the date of the Notice of Electronic Filing in this order to answer or otherwise plead to plaintiff's complaint if it accepts service for the defendants." Signed by District Judge William M. Conley on 11/15/2021. (kmd),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 21
ORDER on Leave to Proceed: Plaintiff Shawn Eubanks is GRANTED leave to proceed on the following claims: (a) An Eighth Amendment excessive force claim against defendant Jacob Dorn. (b) An Eighth Amendment failure to intervene claim against defendant Gwendolyn Vick. (c) An Eighth Amendment deliberate indifference claim against defendant Vick for her alleged delay in providing plaintiff medical care. (d) An Eighth Amendment deliberate indifference claim against defendant Kyle Tritt for his alleged failure to investigate the appropriateness of the back-of-cell-precaution. Plaintiff is DENIED leave to proceed on any other claim, and defendants Meli, Foster and Beahm are DISMISSED. Materials delivered to DOJ for acceptance of service. Plaintiff's motions for screening (dkt. # #13 , #14 , #20 ) are DENIED as moot. Signed by District Judge William M. Conley on 11/10/2021. (kmd),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 20
Motion for Screening Relief by Plaintiff Shawn L. Eubanks, Jr. (aom),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 19
Letter from Clerk's Office regarding #18 Letter Requesting Status Update. (aom),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 18
Letter Requesting Status Update by Plaintiff Shawn L. Eubanks, Jr. (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 17
Letter from clerk's office to the business office at Waupun Correctional Institution. (jef),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 16
ORDER denying #15 Motion for Use of Release Account Funds Signed by Magistrate Judge Peter A. Oppeneer on 07/01/2020. (aom),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 15
Motion for Use of Release Account Funds by Plaintiff Shawn L. Eubanks, Jr. (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 14
Motion for 1983 Civil Complaint To Be Screen by Plaintiff Shawn L. Eubanks, Jr. (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 13
Motion request for 1983 civil complaint to be screened by Plaintiff Shawn L. Eubanks, Jr. (jef),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 12
Letter from Clerk's Office re #11 Letter Requesting Status Update. (rks),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 11
Letter Requesting Status Update by Plaintiff Shawn L. Eubanks, Jr. (rks),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 10
Declaration of Michael Hoskins filed by Shawn Eubanks. (jef),(ps) Modified on 7/24/2019 (jef). [Transferred from wiwd on 2/16/2022.]
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Filing 9
Declaration of A'Kinbo J.S. Hashim filed by Shawn Eubanks. (rks),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 8
Declaration of Shawn L. Eaubanks, Sr. (jef),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 7
Warden PLRA Letter. (rks),(ps) [Transferred from wiwd on 2/16/2022.]
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Partial Filing fee received : $ 4.86, receipt number 34690033550. (rks),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 6
ORDER on ifp request: Initial partial filing fee of $ 4.86 assessed due 1/7/2019. Signed by Magistrate Judge Peter A. Oppeneer on 12/13/2018. (rks),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 5
Prisoner Trust Fund Account Statement by Plaintiff Shawn L. Eubanks, Jr (Attachments: #1 IPP Calculation) (rks),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 4
ORDER on ifp request: Plaintiff Shawn L. Eubanks, Jr. to submit Trust Fund Account Statement by 12/26/2018. Signed by Magistrate Judge Peter A. Oppeneer on 12/4/2018. (nln),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 3
Notice from the Clerk regarding the Prisoner E-Filing Program. (Attachments: #1 Prisoner E-filing Information Packet) (nln),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 2
Motion for Leave to Proceed in forma pauperis by Plaintiff Shawn L. Eubanks, Jr. (nln),(ps) [Transferred from wiwd on 2/16/2022.]
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Filing 1
COMPLAINT against All Defendants, filed by Shawn L. Eubanks, Jr. (Case randomly assigned to District Judge William M. Conley.) (Attachments: #1 Attachment 1 - Letter to Sgt. Beam dated 4/28/18, #2 Attachment 2 - Interview / Information Requests, #3 Attachment 4 - Letter to Capt. Tritt dated 5/4/18) (nln) [Transferred from wiwd on 2/16/2022.]
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