Williams v. Adams

District Court, E.D. Wisconsin·Decided October 1, 2020·No. 1:19-cv-01174·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

TRAVIS DELANEY WILLIAMS,

Plaintiff,

v. Case No. 19-C-1174

JAMIE ADAMS, et al.,

Defendants.

DECISION AND ORDER

Plaintiff Travis Delaney Williams, a prisoner who is representing himself, is proceeding on Eighth Amendment claims against Jamie Adams, Jolinda Waterman, and Sandra McArdle. Adams and Waterman were employed by the State of Wisconsin at the relevant time, so they are represented by the Wisconsin Department of Justice. McArdle worked for an agency that contracted with the State, so she is represented by separate counsel. On August 20, 2020, Defendants filed their motions for summary judgment. ECF Nos. 157, 162. About a week later, Williams filed a motion asking the court to extend his response deadline by thirty days. ECF No. 167. He explained that State Defendants had attached about 3,000 pages in support of their summary judgment motion. Included in those documents were just over sixty pages that were not relevant to his case and included information about other prisoners. Williams attached the unrelated documents to his motion. That same day, State Defendants responded to Williams’ motion by asking the court to seal the unrelated documents because many of them contained prisoners’ private information, including dates of birth and medical records. ECF No. 169. The next day, State Defendants supplemented their response to explain that counsel’s legal assistant had printed the summary judgment materials to mail to Williams. ECF No. 170. Those materials included more than 3,000 pages of documents. When the legal assistant grabbed the documents from the printer, she accidentally grabbed additional documents that were related to

other cases. The unrelated documents became mixed in with the summary judgment materials sent to Williams. Counsel for State Defendants explained that, as soon as she learned about the error (from Williams’ filing), she worked with institution staff to remove the unrelated documents from Williams’ possession and she moved to seal the documents. She stated that it was her understanding that Williams was without his legal paperwork for one day while institution staff located the documents and ensured no other copies existed. In the meantime, Williams moved to extend his deadline to respond to McArdle’s summary judgment motion. ECF No. 172. On August 31, 2020, the court granted Williams’ motions for an extension of time, extending his deadline to respond to both summary judgment motions to October 21, 2020. ECF No. 177.

Later that day, Williams filed a second motion for an extension of time and a motion for sanctions against State Defendants’ counsel, Assistant Attorney General Jennifer Remington. ECF No. 178. Williams, who referred to himself as a “pro se victim plaintiff,” asks the court to give him the justice he deserves by striking State Defendants’ summary judgment motion and setting this matter for trial. Williams explains that, on August 26, after he filed the unrelated documents in support of his first request for an extension of time, he left his cell for recreation. He returned about twelve to fourteen minutes later to use the washroom, at which time he noticed the doors to his housing wing were closed. He says he proceeded down another wing and was able to see that two officers were searching his cell “in a very callous destructive manner.” Id. at 2. Williams says he demanded to see a supervisor and told the officers they would “not get off this unit with all his property without a supervisor.” Id. Williams asserts that a supervisor eventually came but “refused to look at the destruction in [his] cell[;] bed torn apart[,] covers on the floor[,] pictures torn off the wall of family & friends[,]

t.v. thrown around[,] keyboards dropped, tags torn off the brand [new] key board bag.” ECF No. 178 at 2. Williams asserts they took many items, including his: Norelco electric razor, the cord, art supplies such as black tag board 100 sheets, 100 sheets of white tag board, 5 multicolor pens, 300 sheets of typing paper, 20 sheets of carbon paper, the rules of civil procedure book, 2 self help litigation manuals, construction art paper, a Bible, a concordance, canteen commissary food items of 7 ramen noodles, 4 bags of instant coffee, 1 tuna pouch, one bag and one 1/2 bag of white rice, 1 bottle of hotsauce, 2 pairs of sweat pants, 2 pairs of thermal underwear, 2 sweatshirts, 4 T shirts, 4 pairs of socks, 4 pairs of under wear [sic] [,] a mouth guard and a mouth guard case, a burgundy large bath towel, 1 scrotol [sic] supporter, one jock strap athletic supporter[,] a large rubber mat chess set with large chess pieces, a jar of peanut butter, 2 large bottles of amino acids, one bottle of multiple vitamins for seniors, one bottle of garlic oil pills, one bottle of vitamin C pills[,] one box of denture tablets, one bottle of level one body wash, 2 bars of Safe Guard soap, 1 bottle of CK one lotion, one bottle of dial lotion, one bottle of Gillet after shave skin conditioner[,] 1 jar of Burgumont [sic] hair condition.

Id. at 2–3.

Williams also asserts that the officers confiscated legal documents relating to his other pending and past cases, his entire medical file from 2009 through 2019, his psychiatric records from the same timeframe, and eight years of Social Security Administration documents. Williams points out that many of those documents are protected by HIPPA. Williams says the officers also confiscated his notebooks, photo album, college transcripts and test scores, and personal letters he wrote to a spiritual advisor. ECF No. 178 at 3–4. Williams concedes that at about 9:00 p.m. on the night of the search, staff returned a large stack of documents to him, but he says he was still missing “at least 25,00[0]” (the last zero is cut off in the filed copy) pages of documents. Williams asks for additional time to respond to the summary judgment motions, explaining that officers “will not put documents back in their envelopes nor will they keep them in the proper sequence.” ECF No. 178 at 5. He asks for five months to put the documents back in order and respond to Defendants’ motions. Williams also notes that, to the extent the court ordered officers

to confiscate documents from him, such orders would amount to judicial misconduct and I should recuse myself. He also accuses AAG Remington of contacting the institution and ordering them to confiscate every piece of paper out of his cell. He asks the court to sanction her for causing delay and imposing significant hardship on him. Williams followed up his motion with a flurry of other filings, including his and other inmates’ declarations, two motions to compel, and multiple reply briefs addressing Defendants’ response. In one of his declarations, Williams explains that he “had to disrupt the normal operations of the facility just to get an answer of why his cell was being tossed.” ECF No. 183 at 2. He says an officer told him that he was told by “Ellen Ray [the litigation coordinator] who was told by the DOJ and courts to toss [his] cell and confiscate every piece of paper in [his] cell

[i]ncluding and not limited to family photos & personal letters.” Id. In one of his motions he asks the court to compel the production of video that would show the confiscation of his belongings as well as a Lieutenant Matthew Scullion “holding an O.C. can in his hand all the while [Williams] was telling him his cell is being destroyed.” ECF No. 188 at 1. Williams also states he is “now in segregation out of retaliation for complaints against Mary Taylor’s actions on 5/26/20.” Id. According to Williams, he was still getting documents back as of August 31, 2020, and that, as of September 8, 2020 (the date he signed his motion), there were “still many of his documents . . . missing and . . .

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