Case: Heredia v. Landreman

3:19-cv-00338 | U.S. District Court for the Western District of Wisconsin

Filed Date: April 30, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging Wisconsin's application of life-with-parole sentences for juvenile offenders. On April 30, 2019, the plaintiffs, a group of individuals who were sentenced to life with the possibility of parole while they were juveniles, filed this class action lawsuit in the Western District of Wisconsin. The plaintiffs sued the Wisconsin Department of Corrections and the Wisconsin Parole Commission. Represented by private counsel and the ACLU of Wisconsin, the plaintiffs sought decl…

This is a case challenging Wisconsin's application of life-with-parole sentences for juvenile offenders. On April 30, 2019, the plaintiffs, a group of individuals who were sentenced to life with the possibility of parole while they were juveniles, filed this class action lawsuit in the Western District of Wisconsin. The plaintiffs sued the Wisconsin Department of Corrections and the Wisconsin Parole Commission. Represented by private counsel and the ACLU of Wisconsin, the plaintiffs sought declaratory and injunctive relief requiring the defendants to allow them a meaningful opportunity to obtain release as of their parole eligibility date. The case was assigned to District Judge James D. Peterson.

The plaintiffs first filed this class action lawsuit alleging that were repeatedly denied a meaningful opportunity for release on parole for life sentences they received as juveniles. The plaintiffs argued that these denials violated their Eighth Amendment right to be free of cruel and unusual punishment, their Sixth Amendment right to a jury trial, and their right to due process under the Fourteenth Amendment. 

In early June 2019, the plaintiffs were permitted to proceed with their Eighth and Fourteenth Amendment claims. The plaintiffs were given two weeks to show cause for their Sixth Amendment claims. They successfully did so by arguing that, in repeatedly denying a meaningful opportunity for parole, the defendants were (1) increasing the plaintiffs’ mandatory minimum sentences based on facts not found by a jury and (2) increasing the plaintiffs maximum sentences without properly considering their efforts at rehabilitation.

In October 2020, Judge Peterson granted the plaintiffs’ motion to certify the lawsuit as a class action, defining the class as “[a]ll persons serving life sentences, or terms of years that exceed life expectancy, for crimes committed when they were children under the age of 18 in the custody of Wisconsin DOC and who are now, or will be, eligible for release under parole supervision.” 2020 WL 614652.

By early November 2020, four named plaintiffs had been released from prison and were dismissed as class representatives because their claims were moot. The plaintiffs asked for leave to amend their complaint to replace those who had been dismissed. Although Judge Peterson noted that the amended complaint was nearly twice the length of the original, the plaintiffs’ were permitted to amend the complaint with the understanding that the scope of the class and class claims were the same as what was approved for class certification.

In August 2021, the defendants asked for and received a stay, halting the parties’ discovery while Judge Peterson evaluated what impact the U.S. Supreme Court’s opinion in Jones v. Mississippi, 141 S.Ct. 1307 (2021), would have on the plaintiffs’ claims.

This stay ended in November 2021, when it was determined that the plaintiffs’ claims were not defeated by Jones. Judge Peterson also dismissed the plaintiffs’ second Sixth Amendment claim with prejudice, as the plaintiffs decided to withdraw this claim due to a lack of evidence. 2021 WL 5446872.

As of March 20, 2022, this case remains ongoing.

Summary Authors

Hannah Shilling (11/14/2021)

Jane Fisher (3/10/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15022758/parties/heredia-victoriano-v-landreman-steven/

Documents in the Clearinghouse

Document
1

3:19-cv-00338

Class Action Complaint

King v. Landreman

April 30, 2019

April 30, 2019

Complaint
37

3:19-cv-00338

Opinion and Order

King v. Landreman

2020 WL 2527061

May 18, 2020

May 18, 2020

Order/Opinion
53

3:19-cv-00338

Opinion and Order

King v. Landreman

2020 WL 6146542

Oct. 20, 2020

Oct. 20, 2020

Order/Opinion
113

3:19-cv-00338

Opinion and Order

Heredia v. Tate

2021 WL 5446872

Nov. 22, 2021

Nov. 22, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15022758/heredia-victoriano-v-landreman-steven/

Last updated June 3, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, ( Filing fee $ 400 receipt number 0758-2455164.), filed by All Plaintiffs, (Attachments: # 1 Summons - Douglas Drankiewicz, # 2 Summons - Mark Heise, # 3 Summons - Danielle LaCost, # 4 Summons - Steven Landreman, # 5 Summons - Kevin Carr, # 6 JS-44 Civil Cover Sheet) (Everts, Gregory) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

Clearinghouse

Add and Terminate Judges

April 30, 2019

April 30, 2019

PACER

Dummy Motion for In Forma Pauperis Screening

April 30, 2019

April 30, 2019

PACER
2

Initial Order directing plaintiffs' complaint be taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 4/30/2019. (jef),(ps) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

RECAP
3

ORDER granting plaintiffs leave to proceed on claims under the Eighth Amendment and Due Process Clause. Plaintiffs may have until June 18, 2019, to show cause why their claim under the Sixth Amendment should not be dismissed for failure to state a claim upon which relief may be granted. The court will defer service until it makes a decision on whether plaintiffs may proceed on their Sixth Amendment claim. Signed by District Judge James D. Peterson on 6/4/2019. (jef),(ps) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

RECAP
4

Notice of Withdrawal of Counsel by Maria Lyon re: Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek (Lyon, Maria),(ps) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
5

Response to 3 Order to Show Cause Regarding Plaintiffs' Sixth Amendment Claims, by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Everts, Gregory),(ps) Modified on 6/19/2019 (nln). (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
6

ORDER granting plaintiffs leave to proceed on their claims that defendants are violating their rights under the Sixth Amendment, the Eighth Amendment, and the Fourteenth Amendment by denying them a meaningful opportunity to obtain release and considering facts that may be considered only by a jury.Plaintiffs are directed to serve their complaint on defendants in accordance with Federal Rule of Civil Procedure 4. Signed by District Judge James D. Peterson on 6/25/2019. (jef),(ps) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
7

Summonses Issued as to Steven Landreman, et al. (Attachments: # 1 Summons as to Danielle LaCost, # 2 Summons as to Douglas Drankiewicz, # 3 Summons as to Kevin Carr, # 4 Summons as to Mark Heise) (jef),(ps) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
8

Stipulation for Service and Deadline for Answering Complaint by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Everts, Gregory),(ps) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
9

** TEXT ONLY ORDER **ORDER accepting 8 Stipulation for Service and Deadline for Answering Complaint. Signed by Magistrate Judge Stephen L. Crocker on 7/1/2019. (nln),(ps) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER

Text Only Order

July 1, 2019

July 1, 2019

PACER

~Util - Set Deadlines/Hearings

July 1, 2019

July 1, 2019

PACER
10

Notice of Appearance filed by Karla Z. Keckhaver and Lisa E. F. Kumfer for Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman. (Keckhaver, Karla),(ps) Modified on 7/1/2019. (kwf) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
11

MOTION TO DISMISS Complaint or, in the Alternative, To Stay Proceedings by Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman. (Keckhaver, Karla),(ps) Modified on 8/12/2019. (lak) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER

Set Briefing Deadlines

Aug. 9, 2019

Aug. 9, 2019

PACER
12

Brief in Support of 11 Motion to Dismiss Complaint or, in the Alternative, To Stay Proceedings by Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman. (Keckhaver, Karla),(ps) Modified on 8/12/2019. (lak) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
13

Joint Motion to Amend Briefing Schedule on Motion to Dismiss or Stay Proceedings by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. Motions referred to Magistrate Judge Stephen L. Crocker. (Dupuis, Laurence),(ps) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER
14

** TEXT ONLY ORDER **ORDER granting 13 Motion to Amend Briefing Schedule as to 11 Motion to Dismiss Complaint or, in the Alternative, To Stay Proceedings. Plaintiffs' Brief in Opposition due 9/23/2019. Defendants' Brief in Reply due 10/14/2019. Signed by Magistrate Judge Stephen L. Crocker on 8/16/2019. (nln),(ps) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

PACER

Order on Motion to Amend Briefing Schedule

Aug. 16, 2019

Aug. 16, 2019

PACER
15

Notice of Withdrawal of Counsel by Carly S. Conway re: Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek (Conway, Carly),(ps) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
16

Brief in Opposition by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 11 Motion to Dismiss filed by Kevin Carr, Mark Heise, Danielle LaCost, Douglas Drankiewicz, Steven Landreman (Everts, Gregory),(ps) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
17

Notice of Supplemental Authority by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 16 Brief in Opposition, 11 MOTION TO DISMISS Complaint or, in the Alternative, To Stay Proceedings, (Attachments: # 1 Decision in Flores v. Stanford) (Dupuis, Laurence),(ps) Modified on 10/9/2019. (lak) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
18

Brief in Reply by Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman in Support of 11 Motion to Dismiss (Keckhaver, Karla),(ps) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

PACER
19

Motion to Set a Scheduling Conference by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Proctor-Brown, Patrick),(ps) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
20

ORDER that Plaintiffs' motion to set a scheduling conference, Dkt. 19 , is DENIED. Defendants' motion to dismiss the case, or, in the alternative, to stay the case, Dkt. 11 , is DENIED as to the motion to dismiss and GRANTED as to the motion to stay. This case is STAYED pending a decision in Mathena v. Malvo, No. 18-217 (U.S.). Signed by District Judge James D. Peterson on 11/14/2019. (rks),(ps)

Nov. 14, 2019

Nov. 14, 2019

RECAP
21

Motion to Stay or in the Alternative, Renew Motion to Dismiss by Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman. (Keckhaver, Karla),(ps) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER

Set Briefing Deadlines

March 11, 2020

March 11, 2020

PACER

Set Briefing Deadlines as to 21 Motion to Stay or in the Alternative, Renew Motion to Dismiss. Brief in Opposition due 3/18/2020. Brief in Reply due 3/23/2020. (nln/jmm),(ps)

March 11, 2020

March 11, 2020

PACER
22

Brief in Opposition by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 21 Motion to Stay filed by Kevin Carr, Mark Heise, Danielle LaCost, Douglas Drankiewicz, Steven Landreman (Everts, Gregory),(ps) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
23

Motion to Admit Stephanie M. Moon Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2648045.) by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. Motions referred to Magistrate Judge Stephen L. Crocker. (Moon, Stephanie),(ps) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER

Order on Motion to Admit Pro Hac Vice

March 19, 2020

March 19, 2020

PACER
24

** TEXT ONLY ORDER **ORDER granting 23 Motion to Admit Stephanie M. Moon Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 3/19/2020. (nln),(ps) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
25

Brief in Reply by Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman in Support of 21 Motion to Stay (Keckhaver, Karla),(ps) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
26

Notice of Appearance filed by Amy Lynn Lenz for Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Lenz, Amy),(ps) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
27

Notice of Appearance filed by Amy Lynn Lenz for Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Lenz, Amy),(ps) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
28

Motion to Certify Class under Rule 23 by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. Brief in Opposition due 6/3/2020. Brief in Reply due 6/15/2020. (Attachments: # 1 A-Motion for Class Certification) (Everts, Gregory),(ps) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
29

Brief in Support of 28 Motion to Certify Class under Rule 23, by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek (Everts, Gregory),(ps) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
30

Declaration of Patrick Proctor-Brown filed by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 28 Motion to Certify Class under Rule 23, (Everts, Gregory),(ps) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
31

Declaration of Carlos King filed by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 28 Motion to Certify Class under Rule 23, (Everts, Gregory),(ps) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
32

Declaration of Craig Sussek filed by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 28 Motion to Certify Class under Rule 23, (Everts, Gregory),(ps) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
33

Declaration of Thaddeus Karow filed by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 28 Motion to Certify Class under Rule 23, (Everts, Gregory),(ps) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
34

Declaration of James Price filed by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 28 Motion to Certify Class under Rule 23, (Everts, Gregory),(ps) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
35

Declaration of Victoriano Heredia filed by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 28 Motion to Certify Class under Rule 23, (Everts, Gregory),(ps) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
36

** TEXT ONLY ORDER **Plaintiffs have filed a motion for class certification, but this case is currently stayed, see Dkt. 20, so plaintiffs' motion is DENIED without prejudice. After the court resolves plaintiffs' request to lift the stay, the court will determine what steps to take next, including setting a new schedule, if necessary. Signed by District Judge James D. Peterson on 5/14/2020. (nln),(ps) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

~Util - Terminate Motions

May 14, 2020

May 14, 2020

PACER

Text Only Order

May 14, 2020

May 14, 2020

PACER
37

ORDER that Defendants' motion to continue the stay, Dkt. 21, is DENIED and stay is LIFTED. Plaintiffs' motion for class certification, Dkt. 28, is REVIVED. Defendants may have until June 8, 2020, to file an opposition brief; plaintiffs may have until June 18, 2020, to file a reply. Signed by District Judge James D. Peterson on 5/18/2020. (rks),(ps) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

Clearinghouse

Set Pretrial or Status Conference

May 18, 2020

May 18, 2020

PACER

Set Telephone Pretrial or Status Conference: Telephone Scheduling Conference set for 6/19/2020 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (rks),(ps) Modified on 5/18/2020 (rks).

May 18, 2020

May 18, 2020

PACER
38

Notice of Appearance filed by Colin A Hector for Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman. (Hector, Colin),(ps) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
39

ANSWER by Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman. (Keckhaver, Karla),(ps) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
40

Brief in Opposition by Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman re: 28 Motion to Certify Class under Rule 23, filed by Victoriano Heredia, Craig Alan Sussek, Thaddeus Karow, Carlos King, James Price (Keckhaver, Karla),(ps) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
41

Declaration of John Tate II filed by Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman In Support of Defendant's Brief in Opposition re: 28 Motion to Certify Class under Rule 23, (Keckhaver, Karla) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
42

Declaration of John Tate II filed by Defendants Kevin Carr, Douglas Drankiewicz, Mark Heise, Danielle LaCost, Steven Landreman In Support of Defendants' Brief in Opposition re: 28 Motion to Certify Class under Rule 23, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Keckhaver, Karla),(ps) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
43

Report of Rule 26(f) Planning Meeting (Everts, Gregory),(ps) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
44

Brief in Reply by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek in Support of 28 Motion to Certify Class under Rule 23, (Everts, Gregory),(ps) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
45

Declaration of Patrick Proctor-Brown filed by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek re: 28 Motion to Certify Class under Rule 23, (Attachments: # 1 Exhibit A) (Everts, Gregory),(ps) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 6/19/2020 [:15] (cak),(ps)

June 22, 2020

June 22, 2020

PACER
46

Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 6/22/2020. (rks),(ps) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
47

Pretrial Conference Order - Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Amendments to Pleadings due 8/3/2020. Dispositive Motions due 3/1/2021. Settlement Letters due 6/1/2021. Motions in Limine due 6/18/2021. Response to Motion due 7/2/2021. Final Pretrial Conference set for 7/21/2021 at 04:00 PM. Jury Selection and Trial set for 8/2/2021 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 6/22/2020. (rks),(ps) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER

Telephone Preliminary Pretrial Conference

June 22, 2020

June 22, 2020

PACER
48

Notice of Withdrawal of Counsel by Patrick John Proctor-Brown re: Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek of Attorney Joseph R. Santeler (Proctor-Brown, Patrick),(ps) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
49

Stipulated Motion for Protective Order by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Everts, Gregory),(ps) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
50

** TEXT ONLY ORDER **The parties' stipulated protective order is accepted and entered as the court's order. Signed by Magistrate Judge Stephen L. Crocker on 8/13/2020. (nln),(ps) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER

Order on Motion for Protective Order

Aug. 13, 2020

Aug. 13, 2020

PACER
51

Notice of Withdrawal of Counsel by Asma Imtiazali Kadri re: Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek (Kadri, Asma),(ps) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
52

Notice of Withdrawal of Counsel by Hillary Nicole Vedvig re: Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek (Vedvig, Hillary),(ps) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
53

ORDER granting 28 Motion to Certify Class under Rule 23. Plaintiffs may have until November 3, 2020, to show cause why Carlos King, Thaddeus Karow, and Craig Alan Sussek shouldn't be dismissed from the case. Signed by District Judge James D. Peterson on 10/20/2020. (lam),(ps) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

Clearinghouse
54

Notice of Appearance filed by Jasmine Jade Monee Reed for Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Reed, Jasmine),(ps) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
55

Notice of Appearance filed by Daniel A. Kaplan for Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Kaplan, Daniel),(ps) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
56

Response to Order to Show Cause by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek (Everts, Gregory),(ps) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
57

** TEXT ONLY ORDER **In response to the court's order to show cause, Dkt. 53, plaintiffs concede that Carlos King, Thaddeus Karow, Craig Alan Sussek, and James Price should be dismissed because they have been released from prison. See Dkt. 56 . Accordingly, those four plaintiffs are DISMISSED because their claims are moot. Signed by District Judge James D. Peterson on 11/03/2020. (nln),(ps) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER

~Util - Add and Terminate Parties AND Text Only Order

Nov. 3, 2020

Nov. 3, 2020

PACER
58

Unopposed Motion for Leave to File Amended Complaint by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Attachments: # 1 Exhibit A-Amended Complaint) (Everts, Gregory),(ps) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
59

Stipulation for service and deadline for answering amended complaint by Plaintiffs Victoriano Heredia, Thaddeus Karow, Carlos King, James Price, Craig Alan Sussek. (Everts, Gregory),(ps) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
60

** TEXT ONLY ORDER ** Plaintiffs have filed an unopposed motion to file an amended complaint, Dkt. 58, along with a stipulation that defendants may have until January 8, 2021, to file an answer, Dkt. 59 . The sole purpose identified by plaintiffs for amending the complaint is to name new plaintiffs to replace those who have been dismissed on mootness grounds. But for reasons they don't explain, the proposed amended complaint is nearly twice as long as the original. Plaintiffs' motion is GRANTED and the stipulation is APPROVED with the understanding that, despite the additional exposition, the scope of the class and the class claims in the amended complaint are identical to what was approved in the class certification order. Signed by District Judge James D. Peterson on 11/25/2020. (lam),(ps) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER

Text Only Order

Nov. 25, 2020

Nov. 25, 2020

PACER
61

AMENDED COMPLAINT against Kevin Carr, Douglas Drankiewicz, John Tate, Jennifer Kramer, Angela Hansen, filed by Victoriano Heredia, Dujuan Nash, Joseph Orosco, Barney Guarnero, Brian Pheil, Dontae Doyle, Jumar Jones, Deng Yang. (Everts, Gregory),(ps) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
62

Joint Motion for Release of Class Members' Confidential Information by Plaintiffs Dontae Doyle, Barney Guarnero, Victoriano Heredia, Jumar Jones, Thaddeus Karow, Carlos King, Dujuan Nash, Joseph Orosco, Brian Pheil, James Price, Craig Alan Sussek, Deng Yang. (Attachments: # 1 Exhibit A - Final Notice, # 2 Exhibit B - Proposed Order Authorizing Disclosure of Class Members' Confidential Information) (Lenz, Amy),(ps) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
63

ORDER Authorizing Disclosure of Class Members Information. Signed by Magistrate Judge Stephen L. Crocker on 12/22/2020. (jef),(ps) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

RECAP
64

Letter Requesting Docket Sheet by Terrance Prude. Requested docket sheet mailed to Terrance Prude. (aom),(ps) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
65

ANSWER to Amended Complaint by Defendants Kevin Carr, Douglas Drankiewicz, Angela Hansen, Jennifer Kramer, John Tate. (Keckhaver, Karla),(ps) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
66

Deposition of Chad J. Cabala taken on December 11, 2020 pursuant to Rule 30(b)(6). (Proctor-Brown, Patrick),(ps) Modified on 1/19/2021. (lak) (Entered: 01/18/2021)

Jan. 18, 2021

Jan. 18, 2021

PACER
67

Deposition of Angela Hansen taken on December 8, 2020 pursuant to Rule 30(b)(6). (Sealed Document) (Proctor-Brown, Patrick),(ps) (Entered: 01/18/2021)

Jan. 18, 2021

Jan. 18, 2021

PACER
68

Deposition of John Tate, II taken on December 9, 2020 pursuant to Rule 30(b)(6). (Sealed Document) (Proctor-Brown, Patrick),(ps) (Entered: 01/18/2021)

Jan. 18, 2021

Jan. 18, 2021

PACER
69

Motion to Compel the Production of Electronically Stored Information by Plaintiffs Dontae Doyle, Barney Guarnero, Victoriano Heredia, Jumar Jones, Dujuan Nash, Joseph Orosco, Brian Pheil, Deng Yang. Motions referred to Magistrate Judge Stephen L. Crocker. (Everts, Gregory),(ps) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
70

Declaration of Stephanie M. Moon filed by Plaintiffs Dontae Doyle, Barney Guarnero, Victoriano Heredia, Jumar Jones, Dujuan Nash, Joseph Orosco, Brian Pheil, Deng Yang re: 69 Motion to Compel, (Sealed Document) (Attachments: # 1 Exhibit A- Summary, # 2 Exhibit B- Plaintiffs' First Set of Requests for Production to the Defendants, # 3 Exhibit C- Defendants' Responses to Plaintiffs' First Set of Requests for Production, # 4 Exhibit D- October 1, 2020 Letter, # 5 Exhibit E- November 18, 2020 Letter, # 6 Exhibit F- September 2, 2020 Letter, # 7 Exhibit G- September 25, 2020 Letter, # 8 Exhibit H- October 19, 2020 E-mail, # 9 Exhibit I- October 28, 2020 E-mail, # 10 Exhibit J- November 13, 2020 Letter, # 11 Exhibit K- Parole Commission Action for Class Member Barney Guarnero, # 12 Exhibit L- December 14, 2020 Letter, # 13 Exhibit M- Parole Commission Action for Class Member Dujuan Nash, # 14 Exhibit N- Parole Commission Action for Class Member Dontae Doyle, # 15 Exhibit O- Parole Commission Action for Class Member Victoriano Heredia, # 16 Exhibit P- Parole Commission Action for Class Member Brian Pheil) (Everts, Gregory),(ps) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
71

Redaction to 70 Declaration,,,, of Stephanie M. Moon in Support of Motion to Compel by Plaintiffs Dontae Doyle, Barney Guarnero, Victoriano Heredia, Jumar Jones, Dujuan Nash, Joseph Orosco, Brian Pheil, Deng Yang (Attachments: # 1 Exhibit A- Summary, # 2 Exhibit B- Plaintiffs' First Set of Requests for Production to the Defendants, # 3 Exhibit C- Defendants' Responses to Plaintiffs' First Set of Requests for Production, # 4 Exhibit D- October 1, 2020 Letter, # 5 Exhibit E- November 18, 2020 Letter, # 6 Exhibit F- September 2, 2020 Letter, # 7 Exhibit G- September 25, 2020 Letter, # 8 Exhibit H- October 19, 2020 E-mail, # 9 Exhibit I- October 28, 2020 E-mail, # 10 Exhibit J- November 13, 2020 Letter, # 11 Exhibit K- Parole Commission Action for Class Member Barney Guarnero, # 12 Exhibit L- December 14, 2020 Letter, # 13 Exhibit M- Parole Commission Action for Class Member Dujuan Nash, # 14 Exhibit N- Parole Commission Action for Class Member Dontae Doyle, # 15 Exhibit O- Parole Commission Action for Class Member Victoriano Heredia, # 16 Exhibit P- Parole Commission Action for Class Member Brian Pheil) (Everts, Gregory),(ps) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER

Set briefing as to 69 Motion to Compel the Production of Electronically Stored Information. Brief in Opposition due 2/3/2021. Brief in Reply due 2/10/2021. (jef),(ps)

Jan. 20, 2021

Jan. 20, 2021

PACER

Set Motion and R&R Deadlines/Hearings

Jan. 20, 2021

Jan. 20, 2021

PACER
72

Notice of Appearance of Hillary N. Vedvig filed by Hillary Nicole Vedvig for Plaintiffs Dontae Doyle, Barney Guarnero, Victoriano Heredia, Jumar Jones, Dujuan Nash, Joseph Orosco, Brian Pheil, Deng Yang. (Vedvig, Hillary),(ps) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
73

Notice of Appearance filed by Andrew Martin Meerkins for Plaintiffs Dontae Doyle, Barney Guarnero, Victoriano Heredia, Jumar Jones, Dujuan Nash, Joseph Orosco, Brian Pheil, Deng Yang. (Meerkins, Andrew),(ps) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
74

Notice of Appearance filed by Ellen Cranberg for Plaintiffs Dontae Doyle, Barney Guarnero, Victoriano Heredia, Jumar Jones, Dujuan Nash, Joseph Orosco, Brian Pheil, Deng Yang. (Cranberg, Ellen),(ps) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
75

Brief in Opposition by Defendants Kevin Carr, Douglas Drankiewicz, Angela Hansen, Mark Heise, Jennifer Kramer, Danielle LaCost, Steven Landreman, John Tate re: 69 Motion to Compel, filed by Brian Pheil, Barney Guarnero, Deng Yang, Victoriano Heredia, Jumar Jones, Joseph Orosco, Dontae Doyle, Dujuan Nash (Keckhaver, Karla),(ps) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
76

Declaration of Chad J. Cabala filed by Defendants Kevin Carr, Douglas Drankiewicz, Angela Hansen, Mark Heise, Jennifer Kramer, Danielle LaCost, Steven Landreman, John Tate re: 69 Motion to Compel, (Keckhaver, Karla),(ps) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
77

Declaration of Karla Z. Keckhaver filed by Defendants Kevin Carr, Douglas Drankiewicz, Angela Hansen, Mark Heise, Jennifer Kramer, Danielle LaCost, Steven Landreman, John Tate re: 69 Motion to Compel, (Attachments: # 1 Exhibit 1 Def Resp to Pls 1st ROGGS, # 2 Exhibit 2 Def Resp to Pls 1st POD, # 3 Exhibit 3 Def Resp to Pls 2nd POD, # 4 Exhibit 4 Def Resp to Pls 2nd ROGGS, # 5 Exhibit 5 Def Resp to Pls 1st RFA, # 6 Exhibit 6 Notice of Depo for WI Parole Comm'n, # 7 Exhibit 7 Notice of Depo DOC, # 8 Exhibit 8 DOC-1204 Notice of Parole Comm'n Action, # 9 Exhibit 9 Memo on parole consideration 6.15.2020, # 10 Exhibit 10 Factors in Custody Classification 3.21.13, # 11 Exhibit 11 11.5.2020 Email re Search Terms, # 12 Exhibit 12 12.3.2020 EM re hit list, # 13 Exhibit 13 12.4.2020 Email discovery demand) (Keckhaver, Karla),(ps) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
78

Brief in Reply by Plaintiffs Dontae Doyle, Barney Guarnero, Victoriano Heredia, Jumar Jones, Thaddeus Karow, Carlos King, Dujuan Nash, Joseph Orosco, Brian Pheil, James Price, Craig Alan Sussek, Deng Yang in Support of 69 Motion to Compel, Electronically Stored Information (Everts, Gregory),(ps) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
79

Joint Motion for Extension of Time & Amend Scheduling Order by Plaintiffs Dontae Doyle, Barney Guarnero, Victoriano Heredia, Jumar Jones, Thaddeus Karow, Carlos King, Dujuan Nash, Joseph Orosco, Brian Pheil, James Price, Craig Alan Sussek, Deng Yang. Motions referred to Magistrate Judge Stephen L. Crocker. (Dupuis, Laurence),(ps) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
80

** TEXT ONLY ORDER ** The parties' joint motion to extend the schedule is GRANTED. All of their proposed dates up through the discovery cutoff are accepted. Jury selection and trial are moved to November 8, 2021 at 9:00 a.m. The final pretrial conference will be October 27, 2021 at 4:00 p.m., with submissions due October 1, 2021, responses by October 15, 2021. Signed by Magistrate Judge Stephen L. Crocker on 2/17/2021. (lam),(ps) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: April 30, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three individuals serving life sentences without the possibility of parole in Wisconsin prisons, seeking to represent a class of all other similarly situated individuals in the Wisconsin prison system.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wisconsin Parole Commission, State

Wisconsin Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

None yet

Issues

General:

Juveniles

Type of Facility:

Government-run