Case: Johnson v. Raemisch

3:07-cv-00390 | U.S. District Court for the Western District of Wisconsin

Filed Date: July 19, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On July 19, 2007, a prisoner at Wisconsin's Waupun Correctional Institution filed this lawsuit in the United States District Court for the Western District of Wisconsin against the Wisconsin Department of Justice. The pro se plaintiff sued under 42 U.S.C. § 1983 and alleged violations of his First Amendment rights. Specifically, the plaintiff alleged that the defendants unconstitutionally refused to deliver him the March 22, 2007 edition of The New Abolitionist, a newsletter critical of Wiscons…

On July 19, 2007, a prisoner at Wisconsin's Waupun Correctional Institution filed this lawsuit in the United States District Court for the Western District of Wisconsin against the Wisconsin Department of Justice. The pro se plaintiff sued under 42 U.S.C. § 1983 and alleged violations of his First Amendment rights. Specifically, the plaintiff alleged that the defendants unconstitutionally refused to deliver him the March 22, 2007 edition of The New Abolitionist, a newsletter critical of Wisconsin prison officials. The edition of the newsletter that was withheld from the plaintiff contained, among other things, a report on a recent forum on “Wisconsin’s Correctional Future,” news stories about prisoner lawsuits that had settled, and a list of contact information for prisoner rights advocates. The plaintiff sought compensatory and punitive damages, as well as injunctive relief.

Under the 1996 Prison Litigation Reform Act, Judge Barbara Crabb was required to screen the plaintiff’s claim and to dismiss any frivolous claims. She found that the plaintiff’s First Amendment claims were non-frivolous, and granted the plaintiff leave to proceed on August 21, 2007. 2007 WL 5325393. On May 23, 2008 the court granted the plaintiff's motion for summary judgment, ordering prison officials to immediately deliver him a copy of the publication. 557 F. Supp. 2d 964. In addition, the Court scheduled a trial on damages.

However, the parties soon settled and stipulated to dismissal on July 15, 2008. The Clearinghouse does not know the terms of the settlement. The case is now closed.

Summary Authors

Timothy Shoffner (4/30/2013)

Elizabeth Helpling (11/13/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5491622/parties/johnson-lorenzo-v-raemisch-rick/


Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Attorneys(s) for Defendant

Hoel, David E. (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Attorneys(s) for Defendant

Hoel, David E. (Wisconsin)

Documents in the Clearinghouse

Document

3:07-cv-00390

Docket [PACER]

July 16, 2008

July 16, 2008

Docket
4

3:07-cv-00390

Opinion and Order

2007 WL 5325393, 2007 U.S.Dist.LEXIS 62513

Aug. 21, 2007

Aug. 21, 2007

Order/Opinion
19

3:07-cv-00390

Plaintiff's Cross-Motion for Summary Judgment

Feb. 1, 2008

Feb. 1, 2008

Pleading / Motion / Brief
33

3:07-cv-00390

Order on Motions for Summary Judgment

557 F.Supp.2d 964

May 23, 2008

May 23, 2008

Order/Opinion
40

3:07-cv-00390

Order

June 25, 2008

June 25, 2008

Order/Opinion
44

3:07-cv-00390

Notice of Settlement

July 11, 2008

July 11, 2008

Correspondence
52

3:07-cv-00390

Stipulation

July 16, 2008

July 16, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5491622/johnson-lorenzo-v-raemisch-rick/

Last updated Aug. 2, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

2

MOTION FOR INITIAL IFP/SCREENING ORDER; TFAS SUBMITTED. (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

3

ORDER REQUIRING PARTIAL FILING FEE OF $1.46 BY 08/13/2007 OR ACTION SUBJECT TO DISMISSAL (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

RECD. $1.46 INITIAL PARTIAL FILING FEE. (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

4

ORDER GRANTING LEAVE TO PROCEED; MATERIALS FORWARDED TO WI DOJ FOR ACCEPTANCE OF SERVICE. (Entered: 08/21/2007)

Aug. 21, 2007

Aug. 21, 2007

5

WI DEPT. OF JUSTICE ACCEPTANCE OF SERVICE ON BEHALF OF ALL DEFTS. (Entered: 08/29/2007)

Aug. 29, 2007

Aug. 29, 2007

Minute Entry for proceedings held before Judge Stephen L Crocker : Telephone Preliminary Pretrial Conference − Pro Se held on 10/24/2007 [:25] (cak) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

7

PRETRIAL CONFERENCE ORDER −Dispositive Motions due by 2/22/2008.,Activity by 5/22/2008,Issue writs by 6/21/2008,Trial preparation order filed by 6/16/2008,Final Pretrial Conference set for 7/21/2008 08:30 at AM,Final Pretrial Submissions due 7/14/2008,Jury Selection and Trial set for 7/21/2008 at 09:00 AM. Signed by Magistrate Judge Stephen L Crocker on 10/25/07. (elc) (Entered: 11/01/2007)

Oct. 31, 2007

Oct. 31, 2007

Set/Reset Deadlines: Motions in Limine due by 6/23/2008. Response to Motions in limine due by 7/7/2008. (elc) (Entered: 11/01/2007)

Oct. 31, 2007

Oct. 31, 2007

8

MOTION for Summary Judgment by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH. Brief in Opposition due by 2/4/2008. Brief in Reply due by 2/14/2008. (krj),(ps) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

9

BRIEF in Support re: 8 MOTION for Summary Judgment filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER (krj),(ps) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

10

Proposed Findings of Fact re: 8 MOTION for Summary Judgment filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER (krj),(ps) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

11

AFFIDAVIT of Rick Raemisch re: 8 MOTION for Summary Judgment filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER (krj),(ps) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

12

AFFIDAVIT of Michael S. Thurmer re: 8 MOTION for Summary Judgment filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER (krj),(ps) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

13

AFFIDAVIT of Daniel A. Westfield re: 8 MOTION for Summary Judgment filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER (krj),(ps) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

Set/Reset Deadlines as to 8 MOTION for Summary Judgment. [BBC Summary Judgment Procedure attached.] Brief in Opposition due by 2/4/2008. Brief in Reply due by 2/14/2008. (krj),(ps) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

14

EXPERT WITNESS DISCLOSURES by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH. (Hoel, David),(ps) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

15

Expert Report of Daniel A. Westfield by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH. (Attachments: # 1 position description# 2 work history) (Hoel, David),(ps) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

16

CERTIFICATE OF SERVICE by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH re 14 Expert Witness Disclosures, 15 Expert Report (Hoel, David),(ps) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

17

BRIEF in Opposition by Plaintiff LORENZO JOHNSON re: 8 MOTION for Summary Judgment filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER (Attachments: #(1) envelope #(2) Cover Letter) (krj),(ps) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

18

Response to Proposed Findings of Fact by Plaintiff LORENZO JOHNSON re: 8 MOTION for Summary Judgment filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER (krj),(ps) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

20

Proposed Findings of Fact by Plaintiff LORENZO JOHNSON re: 19 MOTION for Summary Judgment filed by LORENZO JOHNSON (krj),(ps) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

21

AFFIDAVIT of Lorenzo Johnson re: 19 MOTION for Summary Judgment filed by LORENZO JOHNSON (krj),(ps) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

22

AFFIDAVIT of Robert De Mallory re: 19 MOTION for Summary Judgment filed by LORENZO JOHNSON (krj),(ps) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

23

AFFIDAVIT of Vances H. Smith filed by Plaintiff LORENZO JOHNSON re: 19 MOTION for Summary Judgment filed by LORENZO JOHNSON (krj),(ps) Additional attachment(s) added on 2/4/2008 (Jacobson, Kris). (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

24

MOTION for court to take judicial notice and admission of evidence by Plaintiff LORENZO JOHNSON. (krj),(ps) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

26

AFFIDAVIT of Larry J. Brown filed by Plaintiff LORENZO JOHNSON in response to 2/6/08 court order 25 re: 24 MOTION for court to take judicial notice and admission of evidence filed by LORENZO JOHNSON (Attachments: # 1 Cover Letter and Envelope) (krj),(ps) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

27

BRIEF in Reply in Support re: 8 MOTION for Summary Judgment filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER and Response in Opposition to Plaintiff's Summary Judgment Motion (Hoel, David),(ps) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

28

Response to Proposed Findings of Fact by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH re: 19 MOTION for Summary Judgment filed by LORENZO JOHNSON (Hoel, David),(ps) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

29

Reply to Proposed Findings of Fact by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH re: 8 MOTION for Summary Judgment filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER (Hoel, David),(ps) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

30

CERTIFICATE OF SERVICE by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH re 29 Reply to Proposed Findings of Fact, 27 Brief in Reply, 28 Response to Proposed Findings of Fact (Hoel, David),(ps) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

31

BRIEF in Reply in Support re: 19 MOTION for Summary Judgment filed by LORENZO JOHNSON (mmo),(ps) (Entered: 03/20/2008)

March 19, 2008

March 19, 2008

32

Reply to Defendants Response to Plaintiff's Proposed Findings of Facts filed by LORENZO JOHNSON. (Attachments: # 1 Letter and envelope) (mmo),(ps) (Entered: 03/20/2008)

March 19, 2008

March 19, 2008

33

ORDER denying 8 Motion for Summary Judgment ; granting 19 Motion for Summary Judgment. Signed by Judge Barbara B Crabb on 5/23/08. (mmo),(ps) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

35

Writ Issued for Lorenzo Johnson appearance on 7/21/08; delivered to Waupun Correctional Institution; courtesy copy to USMS. (elc),(ps) (Entered: 06/03/2008)

June 3, 2008

June 3, 2008

36

MOTION to Continue by Plaintiff LORENZO JOHNSON. (Attachments: # 1 Envelope) (rep),(ps) (Entered: 06/17/2008)

June 17, 2008

June 17, 2008

37

MOTION in Limine by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH. (Hoel, David),(ps) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

38

RULE 26(a)(3) PRETRIAL DISCLOSURES by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH. (Hoel, David),(ps) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

39

CERTIFICATE OF SERVICE by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH re 37 MOTION in Limine, 38 Rule 26(a)(3) Pretrial Disclosures (Hoel, David),(ps) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

40

ORDER denying 36 Motion to Continue. Signed by Judge Barbara B Crabb on 6/25/08. (rep),(ps) (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

41

Letter Stating No Reply to be Filed by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH re: 37 MOTION in Limine filed by DANE WESTFIELD, RICK RAEMISCH, MIKE THURMER (Attachments: # 1 Certificate of Service) (Hoel, David),(ps) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

42

Settlement Letter by Defendants DANE WESTFIELD, MIKE THURMER, RICK RAEMISCH (Ex Parte Document). (Attachments: # 1 Certificate of Service) (Hoel, David),(ps) (Entered: 07/01/2008)

July 1, 2008

July 1, 2008

43

MOTION for Leave to File Pretrial Disclosures and Response to Defendant's Motion in Limine by Plaintiff LORENZO JOHNSON. (Attachments: # 1 Pretrial Disclosures# 2 Response to Defendant's Motion in Limine# 3 Certificate of Service # 4 Envelope) (eds),(ps) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

44

NOTICE of Settlement via letter to Clerk Theresa M. Owens by Defendants DANE WESTFIELD, MIKE THURMER, Rick Raemisch (Attachments: # 1 Certificate of Service) (Hoel, David),(ps) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

45

Set Pretrial or Status Conference: Counsel for Defendant responsible for setting up the call.Status Conference set for 7/15/2008 at 10:30 AM. (rep),(ps) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

46

Proposed Special Verdict − DAMAGES by Defendants DANE WESTFIELD, MIKE THURMER, Rick Raemisch (Hoel, David),(ps) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

47

Proposed Jury Instructions − Damages by Defendants DANE WESTFIELD, MIKE THURMER, Rick Raemisch (Hoel, David),(ps) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

48

Proposed Voir Dire by Defendants DANE WESTFIELD, MIKE THURMER, Rick Raemisch (Hoel, David),(ps) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

49

OBJECTION TO RULE 26(a)(3) DESIGNATIONS by Defendants DANE WESTFIELD, MIKE THURMER, Rick Raemisch (Hoel, David),(ps) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

51

CERTIFICATE OF SERVICE by Defendants DANE WESTFIELD, MIKE THURMER, Rick Raemisch re 49 Objections to Rule 26(a)(3) Designations, 46 Proposed Special Verdict, 50 Exhibit List, 47 Proposed Jury Instructions, 48 Proposed Voir Dire (Hoel, David),(ps) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

52

STIPULATION for dismissal by Defendants DANE WESTFIELD, MIKE THURMER, Rick Raemisch. (Attachments: # 1 Certificate of Service) (Hoel, David),(ps) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

53

** TEXT ONLY ORDER ** Order APPROVING 52 STIPULATION for dismissal. Signed by Judge Barbara B Crabb on 7/16/2008. (llj),(ps) (Entered: 07/16/2008)

July 16, 2008

July 16, 2008

25

ORDER denying 24 Motion for Court to take judicial notice and admission of evidence. Defendants opposition to plaintiff's motion for summary judgment due 3/3/08; Plaintiff reply due 3/13/08. Signed by Judge Barbara B Crabb on 2/6/08. (elc),(ps)

Feb. 7, 2008

Feb. 7, 2008

RECAP

Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 19, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prisoner at Waupun Correctional Institution denied access to a newsletter.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Wisconsin, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General:

Access to lawyers or judicial system

Mail

Type of Facility:

Government-run