Opinion

Brown v. Officer

Court
District Court, E.D. Wisconsin
Filed
Dec 2, 2024
Cited by
0 cases
Authority
More cited than 33.2%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WISCONSIN

______________________________________________________________________________

TIMOTHY LEE BROWN,

Plaintiff,

v. Case No. 24-cv-339-pp

CO OFFICER

and NURSING STAFF,

Defendants.

______________________________________________________________________________

ORDER DENYING AS MOOT PLAINTIFF’S MOTION TO SUBSTITUTE

DEFENDANTS (DKT. NO. 19) AND DIRECTING COUNSEL FOR SHERIFF

BALL TO IDENTIFY DOE DEFENDANTS

______________________________________________________________________________

On July 23, 2024, the court screened the plaintiff’s complaint and

allowed him to proceed on a medical care claim against the defendant male

nurse (sued as Nursing Staff Second Shift) who allegedly did not provide the

plaintiff with medical attention for his infected finger on February 12 and 13,

2024. Dkt. No. 14 at 7. The court also allowed the plaintiff to proceed on an

excessive force claim against defendant CO officer who allegedly hit him and

pushed him into his cell on February 12, 2024. Id. at 7-8. The court added

Milwaukee County Sheriff Denita R. Ball as a defendant for the limited purpose

of helping the plaintiff identify the name of the defendants. Id. at 8. The court

explained that after Sheriff Ball’s attorney filed an appearance in this case, the

plaintiff could serve discovery upon Sheriff Ball (by mailing it to her attorney at

the address in his notice of appearance) to get information that would help him

identify the names of the defendants. Id.

The plaintiff has filed a letter that has been docketed as a motion to

substitute defendants. Dkt. No. 19. The letter is very difficult to read. As far as

the court can tell, the letter says that an officer helped the plaintiff find out

that a third shift nurse named Jeff was the one who took care of the plaintiff

and sent him to the hospital the night he was injured. Id. at 1-2. The plaintiff

says that “he” “will be able to give [the court] the names;” it is not clear whether

“he” is the officer who helped the plaintiff or the nurse named Jeff. Id. at 1. The

plaintiff also says something about whether the cameras were working in the

jail; the court cannot determine whether he says the cameras were working or

that they were not working. Id.

It is not clear whether the plaintiff wants to name Nurse Jeff as a

defendant or whether he believes that Nurse Jeff can identify the officer and

second shift nurse whom the plaintiff has sued. The court will deny as moot

the “motion to substitute defendants.”

The plaintiff does not say whether he contacted Sheriff Ball’s attorney to

ask Sheriff Ball the names of the Doe defendants, as the court previously

directed him to do. But it appears that the plaintiff has tried to identify the

names of the Doe defendants and he previously filed a letter stating that he

was having difficulties identifying them. Dkt. No. 17. At this stage, the court

will ask that counsel for Sheriff Ball identify the Doe defendants based on the

information in the complaint, screening order and the plaintiff’s November 15,

2024 letter. See Donald v. Cook Cnty. Sheriff’s Dep’t, 95 F.3d 548, 555 (7th

Cir. 1996).

The court DENIES AS MOOT the plaintiffs motion to substitute

defendants. Dkt. No. 19.

The court ORDERS that counsel for Sheriff Ball must identify the Doe

defendants or file a letter explaining why he cannot do so by the end of the day

on December 27, 2024.

Dated in Milwaukee, Wisconsin this 2nd day of December, 2024.

BY THE COURT:

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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