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Jones v. Haines

United States District Court, W.D. Wisconsin

September 27, 2016

ADONIS JONES, Plaintiff,
v.
WARDEN TIM HAINES, et al ., Defendants.

          OPINION AND ORDER

          WILLIAM M. CONLEY DISTRICT JUDGE

         Plaintiff Adonis Jones has been permitted to proceed on his Eighth Amendment claims that (1) defendant Officer Martin used excessive force against him; and (2) defendants Officers Esser, Ritchner, McDaniels, Haines, Sweeney, Hermanes and Flannery failed to protect him. Defendants filed a Motion for Partial Summary Judgment seeking a judgment dismissing seven of plaintiff's claims due to his failure to exhaust his administrative remedies (dkt. #23), which will be granted. Plaintiff filed a Motion for Assistance in Recruiting Counsel (dkt. #27), which will also be granted. Finally, in light of the above, defendants' recently-filed motion to stay the dispositive deadline pending a decision on defendants' partial motion for summary judgment (dkt. #31) will be denied as moot.

         UNDISPUTED FACTS

         I. Jones' Complaint

         Jones is confined at the Wisconsin Secure Program Facility (“WSPF”) in Boscobel, Wisconsin. The defendants include the following individuals employed at that institution during the relevant period: Warden Tim Haines; Security Director Jerome Sweeney; Deputy Warden Hermanes; Officer Martin; Officer Esser; Officer McDaniel; Captain Flannery; and Sergeant Ritchner.

         On November 24, 2015, the court granted Jones leave to proceed on his Eighth Amendment harassment and excessive force claims, based on the following allegations:

• Officer Martin unnecessarily used aggressively harsh grips on Jones from October 2012 through January 2013.
• Martin called Jones a “stupid nigger” and told him he would “break [his] back” in March 2013.
• Martin moved Jones near another inmate so that inmate could spit at Jones in May 2013, and Officer Esser was present and did nothing to intervene.
• Martin sexually assaulted Jones during a pat-down on April 12, 2013. Sergeant Ritchner was present and did nothing to intervene.
• Martin slammed Jones against a door on April 17, 2013, injuring his shoulder joint and wrist, and Officer McDaniel participated in slamming Jones against the door.
• Martin banged and kicked Jones' cell on July 28, 2013.
• On October 15, 2013, Martin used an “aggressive grip” on Jones during an escort, and Officer Esser was present and did nothing to intervene.
• Martin handcuffed Jones too tightly during an escort on November 13, 2013. Officer Esser participated in Martin's refusal to loosen the handcuffs.
• Martin told Jones “I got a gun and I know how to shoot, we can't fight in here I'll lose my job” in January 2014.
• On May 14, 2014, Martin opened Jones' cell door, and after Jones told him he was going to sue him, Martin replied “Out of all the places to die you gone wanna die at my place.”
• Haines and Sweeney denied Jones' request that Martin not be permitted to pat down or escort him, but did nothing else to intervene. Haines never responded to Jones' family's phone calls asking for Jones to be transferred
• When Jones' family called with concerns about how Jones was being treated, Hermanes falsely told them that Jones ...

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