United States District Court, W.D. Wisconsin
CLINT S. MOSAY, Plaintiff,
DALE HOEGGER and DAVID WISNIEWSKI, Defendants.
OPINION & ORDER
WILLIAM M. CONLEY, DISTRICT JUDGE
se plaintiff Clint S. Mosay, an inmate at Green Bay
Correctional Institution (“GBCI”), was granted
leave to proceed on claims that two of its correctional
officers, defendants Dale Hoegger and David Wisniewski,
violated his rights under the Eighth Amendment. Specifically,
Mosay claims that Hoegger used excessive force against him
when he activated a Band-It electronic control device
attached to his ankle while he was receiving care at a
hospital. He further claims that Wisniewski failed to protect
him from Hoegger’s use of excessive force.
filed a motion for summary judgment, along with proposed
findings of fact and supporting evidence, on November 23,
2015. (Dkt. ##22, 24.) Mosay failed to file any opposition or
other response to defendants’ motion for summary
judgment. After reviewing the evidence, the court will now
grant defendants’ motions for summary judgment in its
Parties and Setting.
claims arise from an incident on August 6, 2012. On that
date, Mosay was receiving inpatient medical care at St.
Vincent Hospital in Green Bay. Correctional officers Hoegger
and Wisniewski were supervising Mosay at the hospital.
Corrections personnel refer to this type of shift as a
order to maintain safety of hospital staff, corrections staff
and inmates, corrections staff use a “Band-It”
device when inmates are receiving in-patient medical care at
a hospital. The Band-It is attached to an inmate’s
ankle, and can be activated to deliver an electric shock to
the inmate. The Band-It is intended to deter inmates from
engaging in uncooperative or dangerous behavior. During a
hospital vigil, at least one supervising officer must be
trained in use of the Band-It device and the remote must be
monitored at all times.
Band-It device is activated by a rocker-type switch. There is
a safety strap over the switch, which helps prevent
accidental pressure on the switch. After the switch is
depressed for approximately a half second of continuous
pressure, there is one audible alert beep. After
approximately one second of additional constant pressure, the
Band-It device is then activated. In order for the device to
go off, the switch must be depressed for that entire time.
The Band-It device runs for approximately eight seconds after
activation. Once activated, the switch no longer needs to be
depressed. If the device is equipped with a SAFE
(self-activation feature), which is a lanyard type
attachment, and the lanyard was not fastened securely, the
device may be activated without depressing the switch.
Band-It device affects everyone differently. When activated
on an individual, the affected muscles between the contact
points on the Band-It will quickly contract, generally
immobilizing that area of the body. Once the approximate
eight second cycle is completed, an individual generally
gains normal operation of the affected muscle. Typically, an
individual can speak and control movement in other parts of
his body throughout the activation cycle, though there are
times when the entire body tenses up, effectively preventing
any movement until the cycle is complete. Even so, many
individuals react to activation by falling to the ground,
yelling, and losing the ability to speak in a normal tone.
shock of the device itself does not cause any known lasting
effects to a person’s overall health and wellbeing,
although there can be secondary injuries from a person
falling and hitting an object.
Band-It does leave two circular burn marks approximately 3.5
inches apart after activation. There is not a set, or even
approximate, time frame when these signature burn marks go
away; it depends on the person and how quickly they heal. The
affected muscle group may also be sore for a day or so.
whether or not activated, the device can leave impression
marks where the contact points are placed due to the
tightness of the Band-It when applied and secured. In some
cases, impression marks last for a couple of days. Similarly,
the device can cause marks on a person without activation if
the person ...