Lindell v. Litscher

212 F. Supp. 2d 936, 2002 U.S. Dist. LEXIS 14169, 2002 WL 1763975
CourtDistrict Court, W.D. Wisconsin
DecidedJuly 15, 2002
Docket02-C-79-C
StatusPublished
Cited by4 cases

This text of 212 F. Supp. 2d 936 (Lindell v. Litscher) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lindell v. Litscher, 212 F. Supp. 2d 936, 2002 U.S. Dist. LEXIS 14169, 2002 WL 1763975 (W.D. Wis. 2002).

Opinion

ORDER

CRABB, District Judge.

Nathaniel Lindell is an active litigant in this court. In three months, he submitted three separate lawsuits with hundreds of pages of material and dozens of claims. These submissions raise significant questions about the wisdom of allowing inmate plaintiffs to file multi-plaintiff complaints challenging prison conditions and practices. I conclude that as a general rule such cases are unmanageable for the parties and for the court and should not be permitted to proceed.

In Lindell v. Litscher, 02-C-21-C, Lindell submitted an 85-page proposed complaint with exhibits. He named himself, inmate Jimmy Bridges and “all others similarly situated” as petitioners. He identified 18 respondents, all of whom were alleged to be employees of the Wisconsin *938 Department of Corrections. The complaint was accompanied by a request from Lindell that the court make a copy of the complaint and send it to him so that he could prepare a memorandum of law in support of his case.

In an order entered in that case on January 17, 2002, Magistrate Judge Crock-er noted that LindelPs admission that he did not have a copy of the complaint in his possession raised a serious question whether Lindell and Bridges were in a position to prosecute the case independently. The magistrate judge noted in particular that Lindell had no authority to represent other persons in a lawsuit who are also proceeding pro se. He ordered that if, by February 7, 2002, both petitioners had not written the court to confirm that each had a copy of the complaint, the case would be dismissed without prejudice to their refiling their claims on another date. In addition, the magistrate judge assessed each petitioner an initial partial payment of the $150 fee for filing their complaint, in the event the petitioners complied with the copy requirement.

On February 6, 2002, Lindell and Bridges filed a motion for reconsideration of the magistrate judge’s order. In the motion, Lindell and Bridges advised the court that they were indigent and that prison officials would not allow them to use funds from their release accounts to pay for photocopies. Bridges asked the court to waive the initial partial payment of the filing fee he had been assessed. Lindell again requested that the court bear the cost of photocopying the complaint for petitioners. At about the same time, the court received a check in the amount of $29.34 issued from Lindell’s prison account. The court allocated the money to debts Lindell owed in other eases he had filed in this court earlier and then applied an amount sufficient to cover Jimmy Bridges’ initial partial payment to the balance owed in case no. 02-C-21-C.

Subsequently, Lindell wrote again, this time requesting that his claims be severed from Bridges’s. According to Lindell, it was “unduly burdensome” to serve Bridges with copies of documents in light of the fact that there was “no common factor between their claims.” On March 4, 2002, Lindell filed a 27-page “amended complaint” with 41 pages of exhibits raising 21 causes of action relating to himself only. He omitted all references to Jimmy Bridges and deleted Bridges’s name from the caption.

On April 4, 2002, this court granted Lindell’s motion to sever. The court dismissed Bridges from the case without prejudice to Bridges’s filing his own separate lawsuit at a later date.

It took nearly three months for the court to sort through Lindell’s claims iij case no. 02-C-21-C. The process was unusually difficult because Lindell chose to amend his pleading and change parties after filing his original complaint and because he did not organize his claims of constitutional wrongdoing into categories relating to similar sets of facts or limit his factual allegations to “short and plain statements] of his claims” as required by Fed.R.Civ.P. 8. He omitted crucial facts relating to some claims, choosing instead to refer the court to one or more exhibits attached to the complaint that he “incorporate[d] by reference as though fully set forth herein.” On May 28, 2002,1 ruled on Lindell’s request for leave to proceed in forma pauperis on his claims in case no. 02-C-21-C, granting him leave to proceed on six claims, staying a decision with respect to one claim and denying all the remaining claims for lack of legal merit.

Meanwhile, on February 7, 2002, shortly after petitioner Lindell had filed case no. 02-C-21-C, he filed Lindell v. Litscher, *939 02-C-79-C. In the original complaint, he named as petitioners Nathaniel Allen Lin-dell, Loren W. Pate and Herbert Genz “and all others similarly situated.” There are 73 identified respondents and several “unidentified” or “Doe” respondents. The complaint is 185 pages long with 548 numbered paragraphs, 64 causes of action and 301 exhibits. In a cover letter accompanying the complaint, Lindell writes, “I will be litigating this case for my co-plaintiffs.”

On February 10, 2002, Lindell submitted seven additional exhibits to be attached to his complaint. In a cover letter he wrote,

My co-plaintiffs and I are having difficulty communicating, but we wish to each proceed on this action. Mr. Genz will be shortly sending you the final dismissal of his complaint regarding his claims. Again, we all wish to proceed, but are having communication problems due to the policies at Supermax.

One week later, on February 17, 2002, Lindell submitted several more exhibits to be attached to the complaint. In his cover letter he wrote,

You may disregard the claims of my would be co-plaintiffs in the above-noted case; I have been informed by them that they do not wish to file at this time. Also, I do have a copy of the pleadings and exhibits in this matter, so rest your weary head. Anyhow, I’m enclosing copies of ICRS documents to reveal that I’ve exhausted the ICRS. The exhibits numbers are just for identification purposes, to facilitate me/you filing/processing an amended complaint.

On February 28, 2002, Lindell submitted more exhibits, asking that they be included with his lawsuit. He adds to his letter,

Also, please advise the judge that I will be proceeding with Herb Genz as a co-plaintiff, and he should be sending her his trust account statement and exhibits showing exhaustion. As my communication is broken, I can only assume Loren Pate does not wish to proceed if he hasn’t sent in his account statements. So, I ask Crabb consider Herb Genz’s and my claims and give us a case #. Also let her know I’m drafting the amended complaint and for now to consider the one she has.

By this time, petitioners’ complaint in 02-C-79-C totaled 835 pages. With each submission, petitioner Lindell advised the court that he had given a copy to his co-petitioners, despite the fact that his trust fund account statement showed that he was on legal loan status at the prison at that time and did not show disbursements under the legal loan category of funds sufficient to cover the cost of three copies of a complaint of this size and despite the fact he was advising the court at various times that he believed his co-plaintiffs to be out of the case.

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Cite This Page — Counsel Stack

Bluebook (online)
212 F. Supp. 2d 936, 2002 U.S. Dist. LEXIS 14169, 2002 WL 1763975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindell-v-litscher-wiwd-2002.