Case: Farmer v. Haas

3:89-cv-00524 | U.S. District Court for the Western District of Wisconsin

Filed Date: 1989

Closed Date: Nov. 8, 1993

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Case Summary

This case is closely related to Farmer v. Brennan, in which the plaintiff sued prison officials with the Federal Bureau of Prisons under the Eighth Amendment. Litigation in the lower court was identical across Brennan and Haas. Following litigation in Farmer v. Brennan, the Seventh Circuit reversed the district court’s grant of summary judgment for the defendants in an unpublished order submitted on March 10, 1991. The district court conducted a trial which produced a verdict for the defendants…

In this appeal, the plaintiff raised only the question whether the district court should have granted her motion to request a lawyer to represent her at her trial. In its opinion published on April 2, 1993, the Seventh Circuit rejected the plaintiff’s argument. 990 F.2d 319. The plaintiff asked the court to appoint a lawyer before Jackson v. County of Maclean was decided, so the court did not apply the threshold requirement established in that case. Rather, the Seventh Circuit panel reviewed the district court’s decision for reasonableness and found that it was not unreasonable.

First, the court noted that the plaintiff had litigated for three years before requesting counsel and had already pursued a successful appeal—that is, Farmer v. Brennan. Likewise, the court agreed with the district court’s perception that the trial was likely to be a straightforward swearing contest, with few of the “legal issues [and] pitfalls” that might frustrate the ordinary pro se litigant. Finally, the court reviewed the trial transcript and thought that it disclosed “a shrewd cross-examination by [the plaintiff] of one of the defendants.” For these reasons, the court did not think that this case was one of those extreme cases “in which it should have been plain beyond reasonable doubt before the trial began that the difficulty of the issues relative to the capabilities of the litigant would make it impossible for him to obtain any sort of justice without the aid of a lawyer and he could not procure a lawyer on his own.” Thus, the Seventh Circuit affirmed the district court’s decision not to appoint counsel at trial for the plaintiff.

The plaintiff appealed to the Supreme Court, which refused to hear the case in an order published on November 8, 1993.

Summary Authors

Hank Minor (12/27/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9044568/parties/farmer-dee-v-haas-dr/

Judge(s)

Easterbrook, Frank Hoover (Illinois)

Pell, Wilbur Frank (Indiana)

Posner, Richard Allen (Illinois)

Attorney for Plaintiff

Bogenrief, Darcy J. (Illinois)

Attorney for Defendant

Cameli, Mark A. (Wisconsin)

Judge(s)

Easterbrook, Frank Hoover (Illinois)

Pell, Wilbur Frank (Indiana)

Posner, Richard Allen (Illinois)

Shabaz, John C. (Wisconsin)

Attorney for Plaintiff

Bogenrief, Darcy J. (Illinois)

Attorney for Defendant

Cameli, Mark A. (Wisconsin)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

90-01088	Order U.S. Court of Appeals for the Seventh Circuit	March 1, 1991	March 1, 1991 Order/Opinion 927 F.2d 607
91-02484	Seventh Circuit Opinion U.S. Court of Appeals for the Seventh Circuit	April 2, 1993	April 2, 1993 Order/Opinion 990 F.2d 319

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Securing Reasonable Caseloads: Ethics and Law in Public Defense Norman Lefstein	Chapter 1: The Failure to Implement the Right to Counsel Due to Excessive Caseloads A. The Constitutional Right to Counsel: Brief Overview B. Excessive Workloads: A Pervasive National P…	2011	Jan. 1, 2011 http://www.americanbar.org/...
Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel. National Right to Counsel Committee	[Edited, from the website:] [Notwithstanding the nominal right of indigent defendants to publicly provided counsel,] Today, in criminal and juvenile proceedings in state courts, somet…	April 14, 2009	April 14, 2009 http://www.constitutionproject.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/9044568/farmer-dee-v-haas-dr/

Last updated Sept. 22, 2026, 8:45 p.m.

Docket for: FARMER, DEE v. HAAS, DR.

ECF Number	Date	Description	Link
1	May 30, 1989	ORDER TO PROCEED ifp GRANTED; S&C TO BE DELV'D TO USM FOR SERVICE. CPYS MLD. (Entered: 05/30/1989)	RECAP
2	May 30, 1989	COMPLAINT (Entered: 05/30/1989)	RECAP
3	May 30, 1989	BRIEF BY PLTF IN SUPPORT OF COMPLAINT. (Entered: 05/30/1989)	RECAP
	May 30, 1989	NORTC
	May 30, 1989	SUMMONS, COMPLAINT & BRIEF DELV'D TO USM FOR SERVICE.
4	June 9, 1989	SUMMONS. (Entered: 06/09/1989)	RECAP
5	Aug. 4, 1989	ANSWER OF DEFTS. (Entered: 08/04/1989)	RECAP
6	Aug. 8, 1989	SCHEDULING ORDER. JS: 11/6/89. JT: 11/9/89. CC. MLD. (Entered: 08/08/1989)	RECAP
7	Sept. 15, 1989	MOTION FOR SUMMARY JUDGEMENT by deft. (Entered: 09/15/1989)	RECAP
8	Sept. 15, 1989	PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by deft. (Entered: 09/15/1989)	RECAP
9	Sept. 15, 1989	BRIEF IN SUPPORT of mo/sj. (Entered: 09/15/1989)	RECAP
10	Sept. 15, 1989	AFFIDAVIT OF Robert Askelson. (Entered: 09/15/1989)	RECAP
11	Sept. 15, 1989	AFFIDAVIT OF L.E. DEBOIS (Entered: 09/15/1989)	RECAP
12	Sept. 15, 1989	AFFIDAVIT OF EDWARD BRENNAN. (Entered: 09/15/1989)	RECAP
13	Sept. 15, 1989	AFFIDAVIT OF DENNIS SCHIMMEL. (Entered: 09/15/1989)	RECAP
14	Sept. 15, 1989	AFFIDAVIT OF JAMES W. REED, JR., M.D. (Entered: 09/15/1989)	RECAP
15	Sept. 15, 1989	AFFIDAVIT OF RICHARD HAAS. SIGNED REC'D 9/20/89. (Entered: 09/15/1989)	RECAP
16	Sept. 19, 1989	MOTION BY PLTF. ENLARGMENT OF TIME. (Entered: 09/19/1989)	RECAP
17	Sept. 19, 1989	REQUEST FOR PRODUCTION OF DOCUMENTS. (Entered: 09/19/1989)	RECAP
18	Sept. 19, 1989	INTERROGATORY OF PLTF. (FIRST SET ) (Entered: 09/19/1989)	RECAP
19	Sept. 20, 1989	ORDER granting Pltf's Req. for Ext. of time. Deft. Response by 10/18/89 & Pltf. Reply by 10/30/89. cc mld. (Entered: 09/20/1989)	RECAP
20	Oct. 4, 1989	MOTION for Enlargement of Time by Pltf. (Entered: 10/04/1989)	RECAP
21	Oct. 5, 1989	ORDER EXTENDING UNTIL 10/10/89 FOR PLTF TO FILE MO/S.J. & OPP. BRIEF; SETTING REMAINING BRFG SCHEDULE. CPYS MLD. (Entered: 10/05/1989)	RECAP
22	Oct. 13, 1989	MOTION FOR EXTENSION OF TIME BY PLTF. (Entered: 10/13/1989)	RECAP
23	Oct. 13, 1989	AFFIDAVIT OF DEE FARMER. (Entered: 10/13/1989)	RECAP
24	Oct. 13, 1989	MOTION TO COMPEL DISCOVERY BY PLTF. (Entered: 10/13/1989)	RECAP
25	Oct. 16, 1989	PPTC REPORT BY Deft's. (Entered: 10/17/1989)	RECAP
26	Oct. 17, 1989	PROPOSED JURY INSTRUCTIONS by Deft's. (Entered: 10/18/1989)	RECAP
27	Oct. 17, 1989	PROPOSED SPECIAL VERDICT by Deft's. (Entered: 10/18/1989)	RECAP
28	Oct. 17, 1989	PROPOSED VOIR DIRE QUESTIONS by Deft's. (Entered: 10/18/1989)	RECAP
29	Oct. 20, 1989	ORDER DENYING PLTF'S MO/COMPEL DISCOVERY; GRANTING PLTF'S MO/EXTENSION OF TIME; EXTENDING BRIEFING ON SJ. CC. MLD. (Entered: 10/20/1989)	RECAP
30	Oct. 23, 1989	RESPONSE TO Pltf's Interrog's by Deft. (Entered: 10/24/1989)	RECAP
31	Oct. 25, 1989	RESPONSE BY DEFT TO PLTF'S MO/COMPEL DISCOVERY. SO ORDERED. JCS. REVISING BRFG SCHEDULE. CPYS MLD. (Entered: 10/27/1989)	RECAP
32	Oct. 27, 1989	DECLARATION OF JOSE G. RODRIGUEZ (Entered: 10/27/1989)	RECAP
33	Oct. 27, 1989	DECLARATION OF KATYY PIERCE. (Entered: 10/27/1989)	RECAP
34	Oct. 27, 1989	MOTION for Sanctions by Govt. (Entered: 10/30/1989)	RECAP
35	Oct. 27, 1989	BRIEF IN SUPPORT of Mo/Sanctions by Govt. (Entered: 10/30/1989)	RECAP
36	Oct. 31, 1989	ORDER GRANTING DEFTS' MO/S.J. & DISM'G CASE W/PREJ. & COSTS. (Entered: 10/31/1989)	RECAP
37	Oct. 31, 1989	JUDGMENT ENTERED. CPYS MLD. (Entered: 10/31/1989)	RECAP
38	Nov. 1, 1989	PROPOSED Amendments to Complaint by Pltf. (Entered: 11/01/1989)	RECAP
39	Nov. 1, 1989	BRIEF IN OPPOSITION of Deft's Mo/SJ by Pltf. (Entered: 11/01/1989)	RECAP
40	Nov. 1, 1989	AFFIDAVIT OF Dee Farmer. (Entered: 11/01/1989)	RECAP
41	Nov. 1, 1989	PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Pltf. (Entered: 11/01/1989)	RECAP
42	Nov. 1, 1989	ORDER ACKNOWLEDGING BELATED RESPONSE FROM PLTF & ALLOWING DEFT UNTIL 11/2/89 TO REPLY TO MERITS OF PLTF'S RESPONSE.CCMD (Entered: 11/01/1989)	RECAP
43	Nov. 2, 1989	BRIEF IN REPLY TO PLTF'S RESPONSE TO DEFTS' MO/SJ. (Entered: 11/02/1989)	RECAP
44	Nov. 3, 1989	ORDER DENYING PLTF'S CROSS MO/S.J.; AFFIRMING JUDGMENT; DENY- ING PTTF'S MO/AMEND COMPLAINT. CPYS MLD. (Entered: 11/03/1989)	RECAP
45	Nov. 6, 1989	MOTION for Appt. of Counsel by Pltf. (Entered: 11/06/1989)	RECAP
46	Nov. 6, 1989	BRIEF IN SUPPORT of Pltf's Opposition to Deft's Mo/Sanctions. (Entered: 11/06/1989)	RECAP
47	Nov. 6, 1989	PRETRIAL REPORT by Pltf. (Entered: 11/06/1989)	RECAP
48	Nov. 6, 1989	PROPOSED VOIR DIRE QUESTIONS by Pltf. (Entered: 11/06/1989)	RECAP
49	Nov. 6, 1989	PROPOSED JURY INSTRUCTIONS by Pltf. (Entered: 11/06/1989)	RECAP
50	Nov. 16, 1989	MOTION for Reconsideration by Pltf. (Entered: 11/16/1989)	RECAP
51	Nov. 16, 1989	BRIEF IN SUPPORT of Mo/Reconsideration by Pltf. (Entered: 11/16/1989)	RECAP
52	Nov. 16, 1989	AFFIDAVIT OF Dee Farmer. (Entered: 11/16/1989)	RECAP
53	Dec. 18, 1989	ORDER DENYING PLTF'S MOTIONS FOR APPTMT OF COUNSEL, RECONSI- DERATION & FOR SANCTIONS. CPYS MLD. (12/15/89) (Entered: 12/18/1989)	RECAP
54	Jan. 10, 1990	NOTICE OF APPEAL by pltf of order of 12/15/90. No fee pd. No J.S. filed. S.R. sent. CC mld. (Entered: 01/10/1990)	RECAP
	Jan. 22, 1990	APPEAL #90-1088
	April 20, 1990	RECORD ON APPEAL PREPARED
	Jan. 9, 1991	RECORD SENT TO USCA
55	March 27, 1991	ORDER (cert copy) from USCA that case is REVERSED & REMANDED. RECORD RETURNED (Entered: 03/27/1991)	RECAP
	March 27, 1991	Jams Import Utility Entry
56	April 3, 1991	ORDER SCHEDULING; JS-5/6/91; JT-5/9/91. CPYS MLD. (3/29/91) (Entered: 04/03/1991)	RECAP
57	April 12, 1991	MOTION to Amend Damages by Pltf. (Entered: 04/12/1991)	RECAP
58	April 12, 1991	MOTION to Renew Mo/SJ by Pltf. (Entered: 04/12/1991)	RECAP
59	April 15, 1991	GOVT'S SUPPLEMENTAL PROPOSED VOIR DIRE. (Entered: 04/15/1991)	RECAP
60	April 15, 1991	GOVT'S SUPPL. PROPOSED SPECIAL VERDICT. (Entered: 04/15/1991)	RECAP
61	April 15, 1991	GOVT'S SUPPL. PROPOSED JURY INSTRUCTIONS. (Entered: 04/15/1991)	RECAP
62	April 15, 1991	GOVT'S SUPPL. PRETRIAL REPORT. (Entered: 04/15/1991)	RECAP
63	April 17, 1991	ORDER GRANTING PLTF'S MOT. TO AMEND REQ. FOR DAMAGES; DENYING PLTF'S REQ. TO RENEW S/J MOT. (4/16/91) cc mld. (Entered: 04/17/1991)	RECAP
65	April 17, 1991	DEFTS' AMENDED SUPPL. PRETRIAL REPORT. (Entered: 04/18/1991)	RECAP
64	April 18, 1991	ORDER to issue writ for pltf's appearance at trial 5/6/91 and 5/9/91. (Entered: 04/18/1991)	RECAP
	April 18, 1991	WRIT ISSUED, DELIVERED TO MARSHAL SERVICE FOR PLTF'S APPEAR. AT J.SEL. AND TRIAL.
66	April 19, 1991	MOTION to file doc's out of time by Pltf. (Entered: 04/19/1991)	RECAP
67	April 19, 1991	PETITION FOR WRIT OF H.C. AD TESTIFICANDUM OF PLTF BY PLTF. (Entered: 04/19/1991)	RECAP
68	April 19, 1991	PETITION OF WRIT OF H.C. AD TESTIFICANDUM OF KEVIN GATHERS BY PLTF. (Entered: 04/19/1991)	RECAP
69	April 19, 1991	PRETRIAL REPORT by Pltf. (Entered: 04/19/1991)	RECAP
70	April 19, 1991	PROPOSED VOIR DIRE QUESTIONS by Pltf. (Entered: 04/19/1991)	RECAP
71	April 19, 1991	PROPOSED JURY INSTRUCTIONS by Pltf. (Entered: 04/19/1991)	RECAP
72	April 19, 1991	MOTION to Amend Pretrial Report by Pltf. (Entered: 04/19/1991)	RECAP
73	April 19, 1991	OBJECTIONS TO POSTPONEMENT OF TRIAL by Pltf. (Entered: 04/19/1991)	RECAP
74	April 19, 1991	MOTION IN LIMINE by Pltf. (Entered: 04/19/1991)	RECAP
75	April 19, 1991	MOTION FOR LEAVE TO DEPOSE INCARCERATED PARTY BY GOVT. (Entered: 04/22/1991)	RECAP
76	April 22, 1991	MOTION FOR SUMMARY JUDGMENT (2nd) by Deft's. (4/19/91) (Entered: 04/22/1991)	RECAP
77	April 22, 1991	BRIEF IN SUPPORT of Deft's 2nd Mo/SJ. (4/19/91) (Entered: 04/22/1991)	RECAP
78	April 22, 1991	PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Deft's. (4/19/91) (Entered: 04/22/1991)	RECAP
79	April 22, 1991	AFFIDAVIT OF E.J. Brennan (copy). (4/19/91) (Entered: 04/22/1991)	RECAP
80	April 22, 1991	AFFIDAVIT OF Richard D. Haas (copy). (4/19/91) (Entered: 04/22/1991)	RECAP
81	April 22, 1991	ORDER GRANTING PLTF'S MO/FILE MATERIALS LATE; DENYING REQUEST FOR WRIT 14 DAYS PRIOR & FOR WRIT FOR KEVIN GETHERS;SEE ORDE (Entered: 04/22/1991)	RECAP
82	April 22, 1991	ORDER GRANTING DEFT LEAVE TO DEPOSE INCARCERATED PLTF. CPYS MLD. (Entered: 04/22/1991)	RECAP
83	April 22, 1991	NOTICE OF TAKING DEPOSITION OF INCARCERATED PLTF DEE FARMER ON 5/1/91 @ DANE CTY JAIL. SUBPOENA ISSUED. (Entered: 04/22/1991)	RECAP
84	April 22, 1991	RESPONSE TO PLTF'S MOTION IN LIMINE. (Entered: 04/23/1991)	RECAP
85	April 22, 1991	MOTION IN LIMINE, FIRST, BY DEFTS. (Entered: 04/23/1991)	RECAP
86	April 23, 1991	ORDER RESERVING RULING ON DEFTS' 2ND MOT. FOR S/J BASED ON QUALIFIED IMMUNITY UNTIL TRIAL. (4/22/91) cc mld. (Entered: 04/23/1991)	RECAP
87	April 25, 1991	AFFIDAVIT OF L.E. DUBOIS. (Entered: 04/25/1991)	RECAP
88	April 29, 1991	MOTION FOR APPT. OF COUNSEL BY PLTF. (Entered: 04/29/1991)	RECAP
89	April 29, 1991	PROPOSED JURY INSTRUCTIONS BY PLTF. (Entered: 04/29/1991)	RECAP
90	May 2, 1991	MOTION BY PLTF. TO WEAR PERSONAL CLOTHING AT TRIAL. (Entered: 05/02/1991)	RECAP
91	May 2, 1991	MOTION BY PLTF. FOR WRIT OF H/C FOR WITNESS FRANK HERNANDEZ. (Entered: 05/02/1991)	RECAP
92	May 2, 1991	STATEMENT BY PLTF. WITNESS HERNANDEZ RE VOLUNTARY APPEAR. AT TRIAL. (Entered: 05/02/1991)	RECAP
93	May 2, 1991	ORDER DENYING PLTF'S MO/APPT. OF CNSL; THAT DEFT. SERVE PLTF. COPY OF DEFT'S PRETRIAL REPORT. cc mld. (Entered: 05/02/1991)	RECAP