United States District Court, W.D. Wisconsin
FINAL PRETRIAL CONFERENCE ORDER
D. PETERSON DISTRICT JUDGE
a final pretrial conference in this case on April 23, 2018.
Plaintiff Demetrius Cooper appeared pro se. Defendants
appeared by counsel, Brandon Flugaur. I struck the April 30
trial date because of defendant Jeffrey Meyer's
hospitalization and ordered defendants' counsel to inform
the court of Meyer's status in 30 days. At that point, I
will either schedule a new trial date or order
defendants' counsel to provide another 30-day status
reminded Cooper that he must make his own arrangements if he
wishes to wear street clothes during the trial. As for
restraints for Cooper and the other incarcerated witnesses, I
will take input from the security detail about what
restraints are appropriate. A stun belt is often appropriate.
parties discussed the voir dire questions, jury instructions,
and special verdict form as distributed. Updated versions of
the voir dire questions and preliminary jury instructions are
attached to this order. I will set a short deadline for
Cooper to object in writing to the voir dire questions and
preliminary instructions. Final decisions on the post-trial
jury instructions and verdict form will be made at the
instruction conference near the end of trial.
parties also discussed trial exhibits. Defendants must submit
electronic copies of their exhibits to the court no later
than noon on the last business day before trial. Cooper has
already filed copies of his exhibits with the court. If he
decides to use any other exhibits, he should file copies of
them with the court as well. He should bring the originals
with him to trial. Cooper asked that the court send him
copies of the witness declarations he submitted in support of
his summary judgment motion; the court will direct the clerk
of court to do so. Cooper reiterated his request that a pair
of handcuffs and tether be available as exhibits at trial; he
explained that the Waupun Correctional Institution uses two
types of tethers: a short one for the strip cage and a longer
one for cell doors. He wishes to present the short one to the
jury at trial, and defendants agree that that is the one
pertinent to this case. Out of an abundance of caution, I
will direct defendants' counsel to bring both types of
tethers to trial.
on the parties' motions in limine and objections to
exhibits and witnesses. My rulings are memorialized below.
April 30, 2018, trial date is STRUCK.
May 23, 2018, defendants' counsel must notify the court
of defendant Jeffrey Meyer's health status.
Plaintiff Demetrius Cooper may have until May 3, 2018, to
object to the updated voir dire questions and preliminary
jury instructions attached to this order.
Defendants' counsel is directed to obtain a pair of
handcuffs, a long tether, and a short tether from the Waupun
Correctional Institution and bring them to trial.
clerk of court is directed to send plaintiff copies of Dkts.
Plaintiff's motion in limine no. 1 to exclude evidence of
plaintiff's and plaintiff's witnesses'