17-CV-862 Estate of Sylville K Smith v. City of Milwaukee et al
Decision and Order
Section 1983 claim for excessive force against police officer and city. The court determined that the defendants were not entitled to summary judgment where video evidence and precedent did not support theory that defendant-officer was entitled to qualified immunity.
07-CV-303 Burton v. American Cyanamid et al
Post Verdict Motions
The court held that Wisconsin public policy factors were not a bar to liability under risk contribution theory in white lead carbonate pigment cases, and that whether a product is fungible for risk contribution purposes is a question of law to be determined by the court as early as practicable in litigation.
There is an opening for the position of United States magistrate judge. Applications are due November 12, 2019. Click here for more details.
16-CV-0987 Edith Mae May v. Sara Christain
16-CV-1131 Edith Mae May v. Jason Jesky
16-CV-1150 Edith Mae May v. Ron Kellar
16-CV-1552 Edith Mae May v. Tightwad Magazine, et al
16-CV-1669 Edith Mae May v. Charles Brown, et al
Filing Fee Motion
18-CV-1366 Olsen v. Rafn et al
Decision and Order
15-CV-1157 Eaton Corporation v. Westport Insurance Corporation et al
Real Party in Interest Motion
The court addressed the meaning of “real party in interest,” as that phrase is used in Federal Rule of Civil Procedure 17(a). The court concluded that Rule 17(a) generally does not apply to defendants. The court also concluded that to the extent Rule 17(a) applies to defendants, it does not require the defendant’s indemnitor to be substituted for the defendant as the real party in interest.
17-CV-1701 Daniels v. Klemors et al
Decision and Order
Section 1983 claim. Three of the four defendants in the case were entitled to summary judgment on the plaintiff’s claim that they acted with deliberate indifference to his serious medical needs when he threated self-harm. However, one defendant remains because the record did not establish a lack of objective harm. The lawyer would resolve the remaining claim.
18-CV-147 Walker v. Pollard
Decision and Order
The court determined that a state prisoner is entitled to an evidentiary hearing to prove the allegations made in his petition for a writ of habeas corpus.
18-CV-1551 Roumann Consulting Inc et al v. Symbiont Contstruction Inc et al
Motion to Dismiss
The court dismissed a suit for claim splitting, which applies when a later-filed suit is duplicative of a pending suit in which no final judgment has been entered.
Magistrate Judge David E. Jones has resigned his position as a United States Magistrate Judge for the Eastern District of Wisconsin, effective September 30, 2019. Magistrate Judge Jones is committed to ensuring a smooth transition of his caseload to the other Judges of this District.
On behalf of the other Judges and the entire court staff, I thank Magistrate Judge Jones for his exemplary service to the court over the past four years and wish him every success in his future endeavors.