Tims v. Hepp et al
Plaintiff: Dennis John Tims
Defendant: Sgt. Mantee, Yari Pusich, Randall Hepp, Kinnard, Brent Plate and Nelson
Case Number: 1:2024cv01285
Filed: October 9, 2024
Court: U.S. District Court for the Eastern District of Wisconsin
Presiding Judge: William C Griesbach
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2024 Filing 52 RESPONSE to Motion filed by Randall Hepp, Yari Pusich, Kinnard, Mantee, Nelson, Brent Plate re #50 MOTION for Sanctions . (Attachments: #1 Certificate of Service)(Davies, Jonathon)
November 15, 2024 Filing 51 DISCOVERY DOCUMENT filed by Dennis Tims. (jmk)
November 15, 2024 Filing 50 MOTION for Sanctions by Dennis John Tims. (Attachments: #1 Ex AA- Letter from DOJ to Mr. Tims) (jmk)
November 15, 2024 Filing 49 NOTICE of Deficiency by Dennis John Tims. (Attachments: #1 eFiling Cover Sheet) (jmk)
November 7, 2024 Filing 48 NOTICE to the Court re: Retaliation by Dennis John Tims. (Attachments: #1 Notice of Service, #2 eFiling Cover Letter)(jmk)
October 25, 2024 Opinion or Order Filing 47 SCHEDULING ORDER signed by Judge William C Griesbach on 10/25/2024. Discovery due by 4/8/2025. Motions due by 5/9/2025. (cc: all counsel and mailed to pro se party) (Griesbach, William)
October 18, 2024 Filing 46 Magistrate Judge Jurisdiction Form filed by Dennis John Tims. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Interview/Information Request Form) (jmk)
October 9, 2024 Filing 45 Magistrate Judge Jurisdiction Form filed by Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Davies, Jonathon)
October 9, 2024 Filing 44 LETTER from the clerk to Dennis John Tims re Consent/Refusal to Magistrate Judge Nancy Joseph and requesting that the consent/refusal form be filed within 21 days. (ams)
October 9, 2024 Filing 43 Case transferred in from District of Wisconsin Western; Case Number 3:23-cv-00745. Original file certified copy of transfer order and docket sheet received.
October 9, 2024 Opinion or Order Filing 42 ** TEXT ONLY ORDER **Plaintiff Dennis Tims, who is incarcerated at Waupun Correctional Institution ("WCI"), is proceeding on First and Eighth Amendment claims against prison administrators and staff related to a restrictive movement policy at the institution. Two months after the preliminary pretrial conference in this case, defendants filed a motion to transfer venue to the Eastern District of Wisconsin on the grounds that the parties, WCI, and all relevant witnesses and documents are likely located in the Eastern District. (Dkt. #34 .) Under 28 U.S.C. 1404(a), a court may transfer a case for the convenience of parties and witnesses, in the interest of justice, to any other district or division in which the case might have been brought. Because both plaintiff and the defendants are located in or around Waupun, where all of the events or omissions giving rise to the claims occurred, venue is proper in the Eastern District of Wisconsin. 28 U.S.C. 1391(b). Plaintiff has opposed the motion, arguing that defendants have waited too long to file their motion, halting proceedings in this court and restarting them in a new court will further delay resolution of his case, and the Attorney General's Office and the headquarters for the Wisconsin Department of Corrections ("DOC") are located in the Western District. However, the location of DOC and defense counsel are irrelevant, this case is only in its beginning stages, and there are no other pending motions before the court to delay proceedings from moving forward in the Eastern District. Because the interest of justice and convenience of the parties and witnesses favor transfer, defendants' motion to transfer venue (dkt. #34 ) is GRANTED. The Clerk of Court shall transfer this case to the Eastern District of Wisconsin pursuant to 28 U.S.C. 1404(a). The parties shall file all further pleadings and correspondence related to this case in the Eastern District of Wisconsin once they receive notice of the new civil action number. Signed by District Judge William M. Conley on 10/9/24 (jat),(ps) [Transferred from wiwd on 10/9/2024.]
October 9, 2024 NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. (ams)
September 23, 2024 Filing 41 Plaintiff's Objection to Evidence Exhibit re #20 . (Attachments: #1 DOC-0643 - Interview/Information Request) (voc),(ps) [Transferred from wiwd on 10/9/2024.]
September 18, 2024 Filing 40 Brief in Opposition by Plaintiff Dennis John Tims re: #34 Motion to Transfer Venue and #35 Motion to Stay Case Schedule (Attachments: #1 Notice to the Court, #2 Settlement Offer, #3 E-Filing Cover Sheet) (jat),(ps) [Transferred from wiwd on 10/9/2024.]
September 16, 2024 Opinion or Order Filing 39 OPINION AND ORDER denying #28 plaintiff's motion for leave to file an amended complaint; denying #30 plaintiff's motion to identify witnesses or defendants; denying #13 plaintiff's motion for a preliminary injunction. Signed by District Judge William M. Conley on 9/16/24. (jat),(ps) [Transferred from wiwd on 10/9/2024.]
September 12, 2024 Filing 38 Declaration of Tammy Timm filed by Defendants Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich re: #34 Motion to Transfer (Attachments: #1 Certificate of Service) (Davies, Jonathon),(ps) [Transferred from wiwd on 10/9/2024.]
September 11, 2024 Opinion or Order Filing 37 ** TEXT ONLY ORDER **Plaintiff, who is representing himself, is proceeding on claims under the First and Eighth Amendments related to the implementation of a restrictive movement policy at Waupun Correctional Institution ("WCI"), under which plaintiff allegedly has been denied recreation time outside of his cell for more than a year. Various motions are before the court, but most recently, defendants filed a motion to transfer venue to the United States District Court for the Eastern District of Wisconsin under 28 U.S.C. 1404(a) (dkt. #34 ), and a motion to stay all proceedings until the court resolves the motion to transfer (dkt. #35 ). Based on defendants' submissions, it appears that this court is not a proper venue for this lawsuit because the events in question took place at WCI, which is in the Eastern District, and plaintiff and defendants say that they all reside in the Eastern District, where relevant documents and witnesses are likely to be located. See 28 U.S.C. 1391(b). However, as plaintiff has not yet had an opportunity to respond, the court will GRANT defendants' motion to stay proceedings in this case (dkt. #35 ) and allow plaintiff until September 27, 2024, to file a response to defendants' motion to transfer. Signed by District Judge William M. Conley on 9/10/24. (jat),(ps) [Transferred from wiwd on 10/9/2024.]
September 11, 2024 Set Briefing Deadlines as to #34 MOTION TO TRANSFER to Eastern District of Wisconsin. Plaintiff's response due 9/27/2024. (jat),(ps) [Transferred from wiwd on 10/9/2024.]
September 10, 2024 Filing 36 Certificate of Service by Defendants Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich as to #35 Motion to Stay Case Schedule, #34 MOTION TO TRANSFER to Eastern District of Wisconsin . (Davies, Jonathon),(ps) [Transferred from wiwd on 10/9/2024.]
September 10, 2024 Filing 35 Motion to Stay Case Schedule by Defendants Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich. (Davies, Jonathon),(ps) [Transferred from wiwd on 10/9/2024.]
September 10, 2024 Filing 34 MOTION TO TRANSFER to Eastern District of Wisconsin by Defendants Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich. (Davies, Jonathon),(ps) [Transferred from wiwd on 10/9/2024.]
August 14, 2024 Filing 33 Notice to the Court by Plaintiff Dennis John Tims re #30 Motion to Identify Tony Evers and/or Kevin Carr as Witnesses or Defendants Using Monell. (nln),(ps) [Transferred from wiwd on 10/9/2024.]
August 14, 2024 Filing 32 Declaration of Dennis Tims in Support of #30 Motion to Identify Tony Evers and/or Kevin Carr as Witnesses or Defendants Using Monell. (Attachments: #1 Exhibit 57 - State ex rel. Anderson-El v. Cooke, #2 Exhibit 58 - Wis. Adm. Code DOC 303.76, #3 Exhibit 59 - Wis. Adm. Code DOC 303.77, #4 Exhibit 60 - The Honorable Tony Evers, 2020 WL 6530776 (2020), #5 Exhibit 61 - W.S.A. 227.11, #6 Exhibit 62 - W.S.A. 227.20) (nln),(ps) [Transferred from wiwd on 10/9/2024.]
August 14, 2024 Filing 31 Brief in Support of #30 Motion to Identify Tony Evers and/or Kevin Carr as Witnesses or Defendants Using Monell, by Plaintiff Dennis John Tims. (nln),(ps) [Transferred from wiwd on 10/9/2024.]
August 14, 2024 Filing 30 Motion to Identify Tony Evers and/or Kevin Carr as Witnesses or Defendants Using Monell by Plaintiff Dennis John Tims. (Attachments: #1 Interview/Information Request / E-Filing Request) (nln),(ps) [Transferred from wiwd on 10/9/2024.]
August 1, 2024 Filing 29 Declaration in Support of Amended Complaint filed by Plaintiff Dennis John Tims re: #28 Motion to Amend Complaint. (Attachments: #1 Exhibit 53 Information Request RE Litigation Notice, #2 Exhibit 54 Information Request RE Log System, #3 Exhibit 55 Information Request RE Compliance Tracking Log, #4 Exhibit 56 Adult Conduct Report) (jls),(ps) [Transferred from wiwd on 10/9/2024.]
August 1, 2024 Filing 28 Motion to Amend #1 Complaint by Plaintiff Dennis John Tims. (Attachments: #1 Proposed Amended Complaint, #2 E-Filing Cover Sheet) (jls),(ps) [Transferred from wiwd on 10/9/2024.]
July 23, 2024 Opinion or Order Filing 27 ** TEXT ONLY ORDER ** If the defendants decide they want to depose the plaintiff in this lawsuit, I am granting the defendants permission to do so under Fed. R. Civ. P. 30(a)(2)(B). Signed by Magistrate Judge Anita M. Boor on 07/23/2024. (acd),(ps) [Transferred from wiwd on 10/9/2024.]
July 23, 2024 Opinion or Order Filing 26 Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Dispositive Motions for Failure to Exhaust Administrative Remedies due 9/10/2024. Dispositive Motions due 2/21/2025. Telephonic Status Conference set for 7/11/2025 at 10:00 AM before Magistrate Judge Anita M. Boor. Counsel for Defendants responsible for placing the call to chambers. Please call (669) 254-5252 and enter meeting ID 161 2455 6623 when prompted. Wait to be admitted into the conference. Submissions for Final Pretrial Conference due 8/15/2025. Responses due 8/29/2025. Telephone Final Pretrial Conference set for 9/12/2025 at 10:00 AM. Jury Selection and Trial set for 9/22/2025 at 09:00 AM before Judge William M. Conley. Signed by Magistrate Judge Anita M. Boor on 07/23/2024. (acd),(ps) [Transferred from wiwd on 10/9/2024.]
July 23, 2024 Minute Entry for proceedings held before Magistrate Judge Anita M. Boor: Telephone Preliminary Pretrial Conference - Pro Se held on 7/23/2024 [00:27] (ckl),(ps) [Transferred from wiwd on 10/9/2024.]
June 20, 2024 Opinion or Order Filing 25 ** TEXT ONLY ORDER **Plaintiff has filed a "Motion for a Federal Investigation and Appointment of Counsel," noting that defendant Hepp and numerous correctional officers have been charged with mistreatment of inmates at his prison facility. (Dkt. #23 .) The motion is DENIED. Plaintiff appears to suggest that an investigation may reveal specific wrongdoing on the part of former defendants Carr and Evers, who were previously dismissed. A federal court has no authority to initiate an investigation or prosecute wrongdoing, which is solely within the province of law enforcement. Moreover, as will be explained in the preliminary pretrial conference set for July 23, 2024, plaintiff will have an opportunity to conduct discovery related to his claims. If plaintiff uncovers information about a statewide correctional policy affecting the condition of confinement at issue in this lawsuit, he may request leave to amend his complaint provided that he does so in a timely manner. In addition, although the court has discretion to recruit pro bono counsel for an indigent pro se litigant, plaintiff must first show that he has made reasonable efforts to recruit a lawyer on his own but has been unsuccessful. Jackson v. Cnty. of McLean, 953 F.2d 1070, 1072-73 (7th Cir. 1992). He must also show that the legal and factual demands of this lawsuit exceed his abilities to represent himself. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Plaintiff has made neither showing, and the record does not otherwise disclose that he is unable to litigate this case on his own at this early stage of the lawsuit. Plaintiff may renew his motion if he shows that he meets the criteria for court assistance in recruiting a lawyer who is willing to volunteer. Signed by District Judge William M. Conley on 6/20/2024. (lam),(ps) Modified on 6/21/2024 (rks). [Transferred from wiwd on 10/9/2024.]
June 11, 2024 Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 7/23/2024 at 02:00 PM before Magistrate Judge Anita M. Boor. Counsel for the defendants responsible for facilitating the call. Please call (669) 254-5252 and enter meeting ID 161 2455 6623 when prompted. Wait to be admitted into the conference. [#Notice Regarding the Telephone Preliminary Pretrial Conference attached] (acd),(ps) [Transferred from wiwd on 10/9/2024.]
June 10, 2024 Filing 24 ANSWER with Jury Demand by Defendants Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich. (Attachments: #1 Certificate of Service) (Davies, Jonathon),(ps) [Transferred from wiwd on 10/9/2024.]
June 10, 2024 Filing 23 Notice to the Court and Motion for a Federal Investigation and Appointment of Counsel by Plaintiff Dennis John Tims. (Attachments: #1 Exhibit 53 DOC 643, #2 Subpoena - Sheriff Dale Schmidt, #3 Grievance for the Record, #4 E-Filing Cover Sheet) (jls),(ps) [Transferred from wiwd on 10/9/2024.]
May 22, 2024 Filing 22 Notice and Declaration:New Evidence of Plaintiff Dennis Tims (Attachments: #1 E-filing Cover Page) (acd),(ps) [Transferred from wiwd on 10/9/2024.]
May 16, 2024 Filing 21 Notice and Brief in Reply by Plaintiff Dennis John Tims in Support of #13 Motion for TRO. (Attachments: #1 Exhibit 50 Inmate Work/Program Assignment/Placement, #2 Exhibit 52 Request for Disciplinary Record, #3 Exhibit 52 Inmate Conduct Record, #4 E-Filing Cover Sheet) (jls),(ps) [Transferred from wiwd on 10/9/2024.]
May 10, 2024 Filing 20 Declaration of Yana Pusich filed by Defendants Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich re: #13 Motion for TRO, (Attachments: #1 Exhibit 500 - 3/30/23 Memo, #2 Exhibit 501 - 4/18/23 Memo, #3 Exhibit 502 - 4/25/23 Memo, #4 Exhibit 503 - Status Changes, #5 Exhibit 504 - Bed Assignments, #6 Exhibit 505 - Standing Count Compliance Log, #7 Exhibit 506 - 1/4/24 Request, #8 Exhibit 507 - Inmate Complaint History Report, #9 Exhibit 508 - Inmate Complaints) (Davies, Jonathon),(ps) [Transferred from wiwd on 10/9/2024.]
May 10, 2024 Filing 19 Brief in Opposition by Defendants Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich re: #13 Motion for TRO, filed by Dennis John Tims (Attachments: #1 Certificate of Service) (Davies, Jonathon),(ps) [Transferred from wiwd on 10/9/2024.]
May 7, 2024 Judge update in case. Case now assigned to Magistrate Judge Anita M. Boor. Case no longer assigned to Magistrate Judge Stephen L. Crocker. (sdl),(ps) [Transferred from wiwd on 10/9/2024.]
May 6, 2024 Filing 18 Acceptance of Service by DOJ on behalf of Defendants Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich. (Davies, Jonathon),(ps) [Transferred from wiwd on 10/9/2024.]
May 6, 2024 Filing 17 Notice of Appearance filed by Jonathon Meyers Davies for Defendants Randall Hepp, Kinnard, Mantee, Nelson, Brent Plate, Yari Pusich. (Attachments: #1 Certificate of Service) (Davies, Jonathon),(ps) [Transferred from wiwd on 10/9/2024.]
April 11, 2024 Opinion or Order Filing 16 ORDER on Leave to Proceed: Plaintiff Dennis Tims's motion to file a supplemental complaint (dkt. #10 ) is GRANTED. Plaintiff's initial complaint and two supplemental complaints (dkt. # #12 and #15 ) shall be considered the operative pleading in this case. Plaintiff granted leave to proceed against Defendants Randall Hepp, Yari Pusich, Captain Kinnard, Sergeant Mantee, Sergeant Nelson, and Sergeant Brent Plate. Leave to proceed denied and case dismissed against Kevin Carr and Tony Evers. Defendants must respond to plaintiff's motion for a preliminary injunction (dkt. #13 ) on or before May 11, 2024. Plaintiff may file a reply no later than 14 days from his receipt of defendants' response. Materials delivered to DOJ for acceptance of service. Plaintiff's motion to expedite screening (dkt. #8 ) is DENIED as moot. Signed by District Judge William M. Conley on 4/11/2024. (lam),(ps) [Transferred from wiwd on 10/9/2024.]
March 18, 2024 Filing 15 SUPPLEMENTAL COMPLAINT Declaration of Dennis John Tims re: #13 Notice of Motion and Motion for Temporary Restraining Order and Preliminary Injunction. (lam),(ps) Modified on 4/11/2024 (lam). [Transferred from wiwd on 10/9/2024.]
March 18, 2024 Filing 14 Memorandum of Law in Support of #13 Notice of Motion and Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff Dennis John Tims. (lam),(ps) [Transferred from wiwd on 10/9/2024.]
March 18, 2024 Filing 13 Notice of Motion and Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff Dennis John Tims. (Attachments: #1 Text of Proposed Order, #2 Interview/Information Request to e-file documents). (lam),(ps) [Transferred from wiwd on 10/9/2024.]
March 13, 2024 Filing 12 SUPPLEMENTAL COMPLAINT Identifying John Doe by Plaintiff Dennis John Tims. (Attachments: #1 Interview/Information Request). (lam),(ps) Modified on 4/11/2024 (lam). [Transferred from wiwd on 10/9/2024.]
February 26, 2024 Filing 11 Notice to court regarding retaliation, RHU(Seg), and anticipating missing appeal deadline by Plaintiff Dennis John Tims. (rks),(ps) [Transferred from wiwd on 10/9/2024.]
January 19, 2024 Filing 10 Motion for Permission to File Supplemental Complaint by Plaintiff Dennis John Tims. (Attachments: #1 Request and Responses, #2 E-Filing Coversheet) (jls),(ps) [Transferred from wiwd on 10/9/2024.]
January 16, 2024 Filing 9 Declaration of Dennis Tims filed by Plaintiff Dennis John Tims re: #8 Motion to Expedite Screening of Case No. 23-cv-745-wmc. (Attachments: #1 Exhibit A CCE Receipt, Complaint No. WCI-2023-17244) (jls),(ps) [Transferred from wiwd on 10/9/2024.]
January 16, 2024 Filing 8 Notice of Motion and Motion to Expedite Screening of Case No. 23-cv-745-wmc by Plaintiff Dennis John Tims. (Attachments: #1 E-Filing Coversheet) (jls),(ps) [Transferred from wiwd on 10/9/2024.]
November 13, 2023 Opinion or Order Filing 7 Initial Order for Paid Pro Se: Plaintiff complaint taken under advisement. Signed by Magistrate Judge Andrew R. Wiseman on 11/13/2023. (rks),(ps) [Transferred from wiwd on 10/9/2024.]
November 13, 2023 Motion for PLRA Screening. (rks),(ps) [Transferred from wiwd on 10/9/2024.]
November 13, 2023 Filing fee received : $ 402.00, receipt number 1908. (rks),(ps) [Transferred from wiwd on 10/9/2024.]
November 1, 2023 Filing 6 Notice to the Court re Exhibit Entry: Grievance by Plaintiff Dennis John Tims. (Attachments: #1 Grievance: Memo Request Dated 10-30-2023, #2 Return Letter: Dated 10-31-2023, #3 Information/Interview Request re E-Filing) (rks),(ps) [Transferred from wiwd on 10/9/2024.]
October 31, 2023 Opinion or Order Filing 5 ORDER on ifp request: Full filing fee required. Fee due 11/21/2023. Signed by Magistrate Judge Andrew R. Wiseman on 10/31/2023. (jef),(ps) [Transferred from wiwd on 10/9/2024.]
October 30, 2023 Filing 4 Prisoner Trust Fund Account Statement by Plaintiff Dennis John Tims. (Attachments: #1 Cover Letter and Envelope) (jls),(ps) (Additional attachment(s) added on 10/31/2023: #2 Indigency determination) (jef). [Transferred from wiwd on 10/9/2024.]
October 25, 2023 Filing 3 Trust Account Statement, 10/1/23 through 10/15/23, by Plaintiff Dennis John Tims. (jef),(ps) [Transferred from wiwd on 10/9/2024.]
October 25, 2023 Filing 2 Notice to the Clerk of Court by Plaintiff Dennis John Tims. (jef),(ps) [Transferred from wiwd on 10/9/2024.]
October 25, 2023 Filing 1 COMPLAINT against All Defendants., filed by Dennis John Tims. (Attachments: #1 Diagram of cell, #2 Correspondence regarding movement, activities and visit scheduling, #3 Inmate complaint documents, #4 Interview/Information Requests, #5 List of events, 10/24/23, #6 E-filing Interview/Information Request) (jef),(ps) [Transferred from wiwd on 10/9/2024.]

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Search for this case: Tims v. Hepp et al
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Plaintiff: Dennis John Tims
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Defendant: Sgt. Mantee
Represented By: Jonathon M Davies
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Defendant: Yari Pusich
Represented By: Jonathon M Davies
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Defendant: Randall Hepp
Represented By: Jonathon M Davies
Represented By: Wisconsin Dept of Justice - 1983 Actions
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Defendant: Kinnard
Represented By: Jonathon M Davies
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Defendant: Brent Plate
Represented By: Jonathon M Davies
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Defendant: Nelson
Represented By: Jonathon M Davies
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