United States District Court, W.D. Wisconsin
MARTIN R. BUB, Plaintiff,
WILLIAM SWIEKATOWSKI, SAMUEL MENNING, and CHRISTOPHER STEVENS, Defendants.
of the jury, we are about to begin the trial of the case.
Before it begins, I will give you some instructions to help
you understand how the trial will proceed, how you should
evaluate the evidence, and how you should conduct yourselves
during the trial. This will take about 15 minutes; I will
give you written copies of all my instructions so you will
have them when you deliberate.
party who begins the lawsuit is called the plaintiff. In this
case, the plaintiff is Martin Bub, who is currently housed at
the Winnebago County Jail. This case involves events that
took place while he was housed at Green Bay Correctional
Institution. The defendants are William Swiekatowski, Samuel
Menning, and Christopher Stevens, who worked at the Green Bay
Bub was incarcerated at the Green Bay prison, he was accused
of having his girlfriend smuggle drugs into the prison and he
was given a conduct report for it. Bub successfully defended
himself against the conduct report, and he was found not
guilty. He also helped his girlfriend with a lawsuit against
prison officials. Bub says that defendants took actions
against him for defending himself and for helping his
girlfriend. Bub says that Swiekatowski retaliated against him
by monitoring his communications, confiscating legal
materials, and planting cocaine in his urine sample. Bub says
that defendants Samuel Menning and Christopher Stevens
created a false, backdated incident report to give prison
officials a pretext to collect his urine. Defendants say that
(1) the legal materials were confiscated in accordance with
prison policy and that Swiekatowski later returned them to
Bub; (2) that they did not tamper with Bub's urine sample
or fabricate an incident report; and (3) that nothing they
did was motivated by a desire to retaliate against Bub.
give you more detailed instructions about the law after you
hear the evidence, but in general, the First Amendment to the
United States Constitution prohibits prison staff from
punishing inmates for exercising their First Amendment
rights. A prisoner would have a First Amendment right to
defend himself in disciplinary proceedings and to help others
to file a lawsuit about misconduct by prison staff. The first
question you must decide, as jurors in this case, is whether
Bub has proved that Swiekatowski punished him for exercising
his First Amendment rights.
Fourth Amendment to the United States Constitution protects
persons from unreasonable searches, including in prisons. The
second question you must decide is whether Bub has proved
that Menning and Stevens acted unreasonably in causing Bub to
find that defendants violated Bub's rights, then you will
have to decide whether Bub is entitled to damages and, if he
is, decide the amount of those damages.
OF THE COURT AND THE JURY
my duties as the judge in this case is to decide all
questions of law and procedure. In these preliminary
instructions, during trial, and at the end of the trial, I
will instruct you on the rules of law that you must follow in
making your decision.
have two duties as jurors. Your first duty is to decide the
facts from the evidence that you see and hear in court. Your
second duty is to take the law as I give it to you, apply it
to the facts, and decide if Bub has proved that
defendants' actions or inactions violated the First and
must perform these duties fairly and impartially. Do not let
sympathy, prejudice, fear, or public opinion influence you.
You should not take anything that I say or do during the
trial as indicating what I think of the evidence or what I
think your verdict should be.
OF THE CASE
case will proceed as follows:
Bub will make an opening statement outlining his case.
Immediately after Bub's statement, defendants'
counsel will also make an opening statement outlining
defendants' case. What is said in opening statements is
not evidence; it is simply a guide to help you understand
what each party expects the evidence to show.
after the opening statements, Bub will introduce evidence in
support of his claim. At the conclusion of Bub's case,
defendants may introduce evidence. And, finally, Bub may
choose to introduce rebuttal evidence.
after the evidence is presented, I will instruct you on the
law that you are to apply in reaching your verdict. I will
give you copies of all my instructions, so you will have them
in writing when you deliberate.
the parties will make closing arguments explaining what they
believe the evidence has shown and what inferences you should
draw from the evidence. What is said in closing argument is
not evidence. Bub will make the first closing argument and