Perkins, Troy v. Chippewa Falls Mayor et al
| Troy Lee Perkins |
| Chippewa Falls Mayor, Chippewa Falls, WI Police Chief Kelm, Chippewa Fall PD Ofc Dan Downey, Un-named Chippewa Falls P.D. Duty Sergeant, Police Chief Kelm, Ofc. Dan Downey and Korry Boos |
| 3:2021cv00626 |
| October 4, 2021 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Document Text |
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| Filing 64 JUDGMENT entered in favor of defendants dismissing the case. (voc),(ps) |
Filing 63
ORDER IT IS ORDERED that:1. Defendants' motion for summary judgment, Dkt. #38 , is GRANTED.2. The parties' remaining motions are DENIED.3. The clerk of court is directed to enter judgment accordingly and close the case. Signed by District Judge James D. Peterson on 4/4/2023. (voc),(ps)
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| Filing 62 Motion for Declaratory Relief (FRCP, R. 57) by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (jat),(ps) |
| Filing 61 Complaint for Interpleader and Declaratory Relief by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (jat),(ps) |
| Filing 60 Defendants' Discovery Responses / Exhibit to #59 Amended Complaint filed by Troy Lee Perkins. (jef),(ps) (Main Document 60 replaced on 12/29/2022) (jef). |
| Filing 59 Amended Complaint; with Leave of Court by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (jef),(ps) (Main Document 59 replaced on 12/29/2022) (jef). |
| Filing 58 Motion to Strike Defendants' Evidence by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (rks),(ps) |
| Filing 57 Brief in Opposition by Plaintiff Troy Lee Perkins re: #55 Motion to Strike filed by Dan Downey, Korry Boos. (Attachments: #1 Envelope) (rks),(ps) |
| Filing 56 Proposed Findings of Fact and Conclusions of Law, with Opinion by Plaintiff Troy Lee Perkins. (Attachments: #1 Copy of #12 ANSWER with Jury Demand, #2 Envelope) (rks),(ps) |
| Filing 55 Motion to Strike #53 Supplement Pleading by Defendants Korry Boos, Dan Downey. (Attachments: #1 Certificate of Service) (Jacobs, Jerilyn),(ps) |
| Filing 54 Plaintiff's Request for Special Master FRCP Rule 53(a)(1)(B)(i) by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope). (lam),(ps) |
| Filing 53 Supplement to #50 Brief in Opposition filed by Troy Lee Perkins re: #38 Motion for Summary Judgment filed by Dan Downey, Korry Boos. (Attachments: #1 Envelope) (jef),(ps) |
| Filing 52 Brief in Reply by Defendants Korry Boos, Dan Downey in Support of #38 Motion for Summary Judgment (Attachments: #1 Certificate of Service) (Jacobs, Jerilyn),(ps) |
| Filing 51 Addendum to #50 Brief in Opposition filed by Troy Lee Perkins re: #38 Motion for Summary Judgment. (Attachments: #1 Exhibit 1 - Wis. Admin. Code 305.18 Bumpers, #2 Exhibit 2 - 18 U.S.C. 242, #3 Envelope) (jef),(ps) |
| Filing 50 Brief in Opposition by Plaintiff Troy Lee Perkins re: #38 Motion for Summary Judgment filed by Dan Downey, Korry Boos. (Attachments: #1 Envelope) (jef),(ps) |
| Reset Deadlines as to Defendants' #38 MOTION FOR SUMMARY JUDGMENT. [#Pro Se Summary Judgment Procedure for Cases Assigned to Judge Peterson attached.] Plaintiff's Brief in Opposition due 12/2/2022. Defendants' Brief in Reply due 12/12/2022. (jef) Deadlines corrected as listed in the dkt. #28 pretrial conference order. (jef/slc),(ps) |
| Filing 49 Letter Requesting Clarification by Defendants Korry Boos, Dan Downey, (Attachments: #1 Certificate of Service) (Jacobs, Jerilyn),(ps) Modified on 11/8/2022. (lak) Modified on 11/8/2022 (jef/slc). |
| Filing 48 Certificate of Service by Defendants Korry Boos, Dan Downey as to #38 MOTION FOR SUMMARY JUDGMENT , #47 Proposed Findings of Fact, #43 Declaration, #41 Declaration, #46 Brief in Support, #45 Expert Report, #37 Deposition, #40 Declaration, #39 Declaration, #44 Expert Report, #42 Declaration. (Jacobs, Jerilyn),(ps) |
| Filing 47 Proposed Findings of Fact filed by Defendants Korry Boos, Dan Downey re: #38 Motion for Summary Judgment (Jacobs, Jerilyn),(ps) |
| Filing 46 Brief in Support of #38 Motion for Summary Judgment by Defendants Korry Boos, Dan Downey (Jacobs, Jerilyn),(ps) |
| Filing 45 Expert Report of Robert Willis by Defendants Korry Boos, Dan Downey (Attachments: #1 Exhibit Curriculum Vitae) (Jacobs, Jerilyn),(ps) |
| Filing 44 Expert Report of Nicole Sielaff by Defendants Korry Boos, Dan Downey (Attachments: #1 Exhibit Statement of Qualifications, Past Testimony, and Compensation) (Jacobs, Jerilyn),(ps) |
| Filing 43 Declaration of Robert Willis filed by Defendants Korry Boos, Dan Downey re: #38 Motion for Summary Judgment (Jacobs, Jerilyn),(ps) |
| Filing 42 Declaration of Nicole Sielaff filed by Defendants Korry Boos, Dan Downey re: #38 Motion for Summary Judgment (Jacobs, Jerilyn),(ps) |
| Filing 41 Declaration of Dan Downey filed by Defendants Korry Boos, Dan Downey re: #38 Motion for Summary Judgment (Attachments: #1 Exhibit 1 - Incident Report, #2 Exhibit 4 - Citation BH301405-6, #3 Exhibit 5 - Citation BH301406-0) (Jacobs, Jerilyn),(ps) |
| Filing 40 Declaration of Jerilyn Jacobs filed by Defendants Korry Boos, Dan Downey re: #38 Motion for Summary Judgment (Attachments: #1 Exhibit 1 - CCAP Record Case No. 19TR5605, #2 Exhibit 2 - CCAP Record Case No. 19CF720, #3 Exhibit 3 - CCAP Record Case No. 21CF480) (Jacobs, Jerilyn),(ps) |
| Filing 39 Declaration of Korry Boos filed by Defendants Korry Boos, Dan Downey re: #38 Motion for Summary Judgment (Jacobs, Jerilyn),(ps) |
| Filing 38 MOTION FOR SUMMARY JUDGMENT by Defendants Korry Boos, Dan Downey. (Jacobs, Jerilyn),(ps) |
| Set Deadlines as to #38 MOTION FOR SUMMARY JUDGMENT. [#Pro Se Summary Judgment Procedure for Cases Assigned to Judge Peterson attached.] Plaintiff's Brief in Opposition due 11/25/2022. Defendants' Brief in Reply due 12/5/2022. (jef),(ps) |
| Filing 37 Deposition of Troy L. Perkins taken on 8/16/2022. (Attachments: #1 Exhibit Diagram of 1996 Jeep Grand Cherokee) (Jacobs, Jerilyn),(ps) |
| Clerk's Office Remark: Plaintiff has informed the court that his address is updated as follows: 2749 Alexander Dumas West Drive, Edinburg, TX 78542. (lam),(ps) |
| Filing 36 Submission of Evidence / Exhibit C - USB by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (jef),(ps) USB filed conventionally. (jef) |
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Filing 35
** TEXT ONLY ORDER **Plaintiff's motion in limine, Dkt. #34 , is DENIED as premature. Motions in limine are not due until April 2023; plaintiff can refile his motion then. Signed by District Judge James D. Peterson on 6/14/2022. (lam),(ps)
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| Filing 34 Motion in Limine by Plaintiff Troy Lee Perkins. (Attachments: #1 Defendant Dan Downeys's First Set of Requests for Admission, Interrogatories and Requests for Production of Documents, #2 Envelope) (jef),(ps) |
| Filing 33 Letter from Clerk's Officer Regarding #32 Request for Production of Electronically Stored Media. (aom),(ps) |
| Filing 32 Request for Production of Electronically Stored Media by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (aom),(ps) |
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Filing 31
** TEXT ONLY ORDER ** Plaintiff's unopposed motion to hold the trial in Eau Claire, Dkt. #29 , is GRANTED. Signed by District Judge James D. Peterson on 4/20/2022. (jef),(ps)
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| Filing 30 Response Stating No Opposition by Defendants Korry Boos, Dan Downey re: #29 Motion for Miscellaneous Relief filed by Troy Lee Perkins (Attachments: #1 Certificate of Service) (Jacobs, Jerilyn),(ps) |
| Set Deadlines as to #29 Motion for Change of Venue. Defendants' Response due 4/28/2022. (lam),(ps) |
| Filing 29 Motion for Change of Venue by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope). (lam),(ps) |
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Filing 28
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Dispositive Motions due 11/4/2022. Final Pretrial Submissions and Disclosures due 4/14/2023. Responses due 4/28/2023. Telephone Final Pretrial Conference set for 5/12/2023 at 10:00 a.m. Counsel for Defendants responsible for setting up the call to chambers at (608) 264-5504. Jury Selection and Trial set for 5/22/2023 at 08:30 AM. before Judge James D. Peterson. Signed by Magistrate Judge Stephen L. Crocker on 4/4/2022. (lam),(ps)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference - Pro Se held on 3/31/2022 [:25] (cak),(ps) |
| Filing 27 Adjudicative Facts/Case Law by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (aom),(ps) |
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Filing 26
** TEXT ONLY ORDER **ORDER granting #25 Motion to Reschedule Hearing. Telephone Pretrial Conference rescheduled for 3/31/2022 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Plaintiff responsible for contacting the court at (608) 264-5153. Once plaintiff's call has been received, the court will then include counsel for defendants in the conference call. Signed by Magistrate Judge Stephen L. Crocker on 2/16/2022. (lam),(ps)
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| Filing 25 Motion to Reschedule 3-25-22 Telephone Pretrial Conference by Defendants Korry Boos, Dan Downey. (Attachments: #1 Certificate of Service) (Jacobs, Jerilyn),(ps) |
| Filing 24 ANSWER with Jury Demand by Defendant Korry Boos. (Attachments: #1 Certificate of Service) (Jacobs, Jerilyn),(ps) |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 3/25/2022 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Plaintiff responsible for contacting the court at (608) 264-5153. Once plaintiff's call has been received, the court will then include counsel for defendants in the conference call. [#Notice Regarding the Telephone Preliminary Pretrial Conference attached] (jef),(ps) |
| Filing 23 Brief in Support by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (aom),(ps) |
| Filing 22 U.S. Marshals Service / Waiver of Service Returned Executed as to defendant Korry Boos. Korry Boos waiver sent on 12/16/2021, answer due 2/14/2022. (jef),(ps) Note, corrected waiver date sent and answer deadline. (jef). |
| Filing 21 Summons Issued as to Korry Boos. Materials forwarded to U.S. Marshals for service. (lam),(ps) |
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Filing 20
** TEXT ONLY ORDER **Plaintiff has identified the John Doe duty sergeant defendant as Korry Boos. Dkt. #19 . The clerk of court is directed to ensure that the United States Marshals Service serves defendant Boos with a copy of plaintiff's complaint, Dkt. #1 and Dkt. #8 , and the court's orders screening his complaint, Dkt. #4 and Dkt. #10 . Plaintiff's request for a special master and his renewed request for the court's assistance in recruiting him counsel to assist him with discovery, Dkt. #18 and Dkt. #19 , are DENIED. Plaintiff does not need a special master or counsel to conduct discovery. After defendants answer the complaint, the court will hold a telephonic preliminary pretrial conference, at which Magistrate Judge Stephen Crocker will explain the schedule and discuss some of the procedures that the parties will use to litigate the case, including discovery methods available to litigants. Signed by District Judge James D. Peterson on 11/29/2021. (lam),(ps)
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| Clerk's office remark: the Telephone Pretrial Conference on December 10, 2021 is canceled and will be reset at a later date. (lam),(ps) |
| Filing 19 Motion to Correct Record and for Reconsideration of Plaintiff's Motion for Appointment of Counsel by Plaintiff Troy Lee Perkins. (Attachments: #1 Exhibit - SSA-1099-SM Form, #2 Exhibit - Letter from Crivello Carlson S.C. Identifying the Duty Sergeant, #3 Envelope) (kmd),(ps) |
| Filing 18 Request For Appointment of Special Master FRCP Rule 53 by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (aom),(ps) |
| Filing 17 Response to #12 Answer by Plaintiff Troy Lee Perkins (Attachments: #1 Evidence of Wisconsin Citizenship, #2 Envelope) (aom),(ps) |
| Filing 16 Submission of evidence by Plaintiff Troy Lee Perkins. (Attachments: #1 Exhibit A - Photo, #2 Exhibit B - Photo, #3 Envelope) (jef),(ps) |
| Filing 15 U.S. Marshals Service Returned Executed as to defendant Dan Downey. (jef),(ps) |
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Filing 14
ORDER that plaintiff Troy Lee Perkins's motion for the court's assistance in recruiting him counsel, Dkt. #9 , is DENIED without prejudice. Signed by District Judge James D. Peterson on 11/10/2021. (lam),(ps)
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| Filing 13 Certificate of Service by Defendant Dan Downey as to #12 Answer, #11 Notice of Appearance. (Jacobs, Jerilyn),(ps) |
| Filing 12 ANSWER with Jury Demand by Defendant Dan Downey. (Jacobs, Jerilyn),(ps) |
| Filing 11 Notice of Appearance filed by Jerilyn Jacobs for Defendant Dan Downey. (Jacobs, Jerilyn),(ps) |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 12/10/2021 at 01:30 p.m. before Magistrate Judge Stephen L. Crocker. Plaintiff responsible for contacting the court at (608) 264-5153. Once plaintiff's call has been received, the court will then include counsel for defendant in the conference call. [#Notice Regarding the Telephone Preliminary Pretrial Conference attached]. (lam),(ps) |
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Filing 10
ORDER that plaintiff Troy Lee Perkins is now GRANTED leave to proceed on Fourth Amendment claims against defendants Dan Downey and John Doe duty sergeant. Signed by District Judge James D. Peterson on 10/25/2021. (lam),(ps)
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| Filing 9 Letter Requesting Appointment of Counsel by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (aom),(ps) |
| Filing 8 SUPPLEMENTAL PLEADINGS by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (aom),(ps) Modified on 10/25/2021 (lam). |
| Filing 7 Summons Issued as to Dan Downey. Forwarded to the U.S. Marshals for service. (lam),(ps) |
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Filing 6
** TEXT ONLY ORDER **Plaintiff's "notice of adjudicative facts" in which he asks for a ruling that defendant is not entitled to qualified immunity, dkt. #5 , is denied without prejudice as premature. It is much too early in this case to consider the qualified immunity issue: defendant has not even answered the complaint, much less filed a motion asserting this defense. If defendant does file a motion asserting a qualified immunity defense, then plaintiff will be free to oppose it at that time. Signed by Magistrate Judge Stephen L. Crocker on 10/15/2021. (lam),(ps)
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| Filing 5 Notice of Adjudicative Facts by Plaintiff Troy Lee Perkins. (Attachments: #1 Envelope) (aom),(ps) |
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Filing 4
ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendant Dan Downey. Service to be made by USMS. Signed by District Judge James D. Peterson on 10/12/2021. (lam),(ps)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Complaint taken under advisement. Signed by Magistrate Judge Peter A. Oppeneer on 10/05/2021. (aom),(ps)
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| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Troy Lee Perkins. (aom),(ps) |
| Filing 1 COMPLAINT against All Defendants., filed by Troy Lee Perkins. (Case randomly assigned to District Judge James D. Peterson.) (Attachments: #1 Envelope) (aom),(ps) |
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