Case: Natcone v. Wisconsin Department of Corrections

2:23-cv-01430 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Oct. 26, 2023

Closed Date: Aug. 6, 2024

Clearinghouse coding complete

Case Summary

This is a case about healthcare and isolation practices at Wisconsin prisons. On October 26, 2023, inmates at Wisconsin prisons brought a class action suit, filed in the U.S. District Court in the Eastern District of Wisconsin, against the Wisconsin Department of Corrections and certain named prison officials in their official capacities. Plaintiffs sought declaratory and injunctive relief. In their complaint, Plaintiffs’ allegations included that: (1) As a result of defendants’ longstanding practices, there were severe delays in the provision of or complete denial of medical services when inmates seek or clearly require medical, dental, and/or mental health/psychological services. (2) Defendants implemented an unexplained seven-month lockdown at the Waupun Correctional Institution, during which medical delays continued or were exacerbated. (3) Defendants failed to provide minimally adequate living conditions to inmates in the lockdown period. (4) Defendants maintained a policy of isolating prisoners and providing inadequate environmental stimuli or nutrition in isolation, creating a substantial risk of physical and psychiatric harm. Plaintiffs alleged these practices and policies fall short of minimum constitutional guarantees, violating inmates’ Eighth Amendment rights.

On November 20, 2023, Magistrate Judge William E. Duffin issued a screening order dismissing plaintiffs’ demand for compensatory and punitive damages from defendants, while preserving plaintiffs’ plea of injunctive relief. The court reasoned that a suit against the state against state officials in their official capacity (as opposed to in their personal capacity), like a suit against an arm of the state such as the Department of Corrections, constitutes a suit against the state itself. As the state is immune from actions for damages under the Eleventh Amendment, the court dismissed plaintiffs’ demands for compensatory and punitive damages. Plaintiffs were allowed to continue to pursue injunctive relief.

Plaintiffs thereafter filed an amended complaint on November 21, 2023, seeking declaratory and injunctive relief against the Department of Corrections and named officials, in their individual as well as official capacities. On March 22, 2024, plaintiffs filed a motion for preliminary injunction, arguing that the practices at the Wisconsin prison demonstrated a deliberate indifference to plaintiffs’ well-being and civil rights.

Defendants subsequently filed a motion for partial summary judgment, alleging that plaintiffs failed to exhaust their administrative remedies before they filed their complaint.

On March 28, 2024, plaintiffs filed a class certification motion, seeking to certify all previous, current, and future inmates in Wisconsin correctional facilities subject to their health practices (medical, mental health, and dental care), or subject to isolation.

On May 23, 2024, Judge Duffin issued a decision and order granting defendants’ motion for partial summary judgment. Recognizing that federal law requires plaintiffs situated like the plaintiffs here must exhaust administrative remedies before filing suit, the court found that only two complaints relating to dental and eye care made by two of the named plaintiffs exhausted all administrative remedies. The court found all other plaintiffs failed to exhaust their claims prior to filing suit. As such, the court dismissed the plaintiffs’ mental health and isolation-related claims, and the relevant named plaintiffs whose interest in the case related only to those claims.

On June 4, 2024, Judge Duffin further issued a decision and order denying plaintiffs’ motion for preliminary injunction and for class certification. With respect to the motion for preliminary injunction, the court determined that after defendants’ summary judgment motion had been granted, only two named plaintiffs remained, each with a single discrete claim, and the plaintiffs’ motion did not address those specific claims and therefore was not entitled to a preliminary injunction. With respect to the motion to certify the suit as a class action, the court found class certification improper as plaintiffs did not specify a specific policy at issue nor specify a time period during which the policies at issue were in place.

Following the court’s ruling, on August 6, 2024, plaintiffs moved and stipulated to dismiss the case without prejudice. As of that date, the case was dismissed without prejudice to all parties.

Summary Authors

Keren Yi (2/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67919874/parties/anderson-v-wisconsin-department-of-corrections/

Judge(s)

Duffin, William (Wisconsin)

Attorney for Plaintiff

New, Stephen P (Wisconsin)

Attorney for Defendant

Flugaur, Brandon T (Wisconsin)

Jaber, Samir S (Wisconsin)

Keckhaver, Karla Z (Wisconsin)

Judge(s)

Duffin, William (Wisconsin)

Stadtmueller, Joseph Peter (Wisconsin)

Attorney for Plaintiff

New, Stephen P (Wisconsin)

Story, Lonnie D (Wisconsin)

Attorney for Defendant

Flugaur, Brandon T (Wisconsin)

Jaber, Samir S (Wisconsin)

Keckhaver, Karla Z (Wisconsin)

Whitney, Jonathan J (Wisconsin)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:23-cv-01430	Class Action Complaint for Injunctive and Declaratory Relief Anderson v. Wisconsin Department of Corrections	Oct. 26, 2023	Oct. 26, 2023 Complaint
13 2:23-cv-01430	Order Anderson v. Wisconsin Department of Corrections	Nov. 20, 2023	Nov. 20, 2023 Order/Opinion
14 2:23-cv-01430	First Amended Class Action Complaint Anderson v. Wisconsin Department of Corrections	Nov. 21, 2023	Nov. 21, 2023 Complaint
18 2:23-cv-01430	Defendants' Answer and Affirmative Defenses to Plaintiffs' Amended Complaint Anderson v. Wisconsin Department of Corrections	Dec. 28, 2023	Dec. 28, 2023 Pleading / Motion / Brief
28 2:23-cv-01430	Plaintiffs' notice of Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Anderson v. Wisconsin Department of Corrections	March 22, 2024	March 22, 2024 Pleading / Motion / Brief
29 2:23-cv-01430	Motion for Partial Summary Judgment on Exhaustion Grounds Anderson v. Wisconsin Department of Corrections	March 25, 2024	March 25, 2024 Pleading / Motion / Brief
34 2:23-cv-01430	Motion to Certify Class and Memorandum in Support Anderson v. Wisconsin Department of Corrections	March 28, 2024	March 28, 2024 Pleading / Motion / Brief
52 2:23-cv-01430	Decision and Order Anderson v. Wisconsin Department of Corrections	May 23, 2024	May 23, 2024 Order/Opinion 2024 WL 2368686
53 2:23-cv-01430	Decision and Order	June 4, 2024	June 4, 2024 Order/Opinion 2024 WL 2830694
61 2:23-cv-01430	USCA Mandate Kurkowski v. Wisconsin Department of Corrections U.S. Court of Appeals for the Seventh Circuit	July 19, 2024	July 19, 2024 Order/Opinion 2024 WL 5265309

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/67919874/anderson-v-wisconsin-department-of-corrections/

Last updated June 29, 2026, 5:13 a.m.

Docket for: Anderson v. Wisconsin Department of Corrections

ECF Number	Date	Description	Link
1	Oct. 26, 2023	COMPLAINT with Jury Demand; against All Plaintiffs by John Mann Anderson. ( Filing Fee PAID $402 receipt number AWIEDC-4527596) (Attachments: # 1 Civil Cover Sheet, # 2 Jury Demand)(Story, Lonnie) 1 Civil Cover Sheet View on PACER 2 Jury Demand View on PACER	Clearinghouse
1	Oct. 26, 2023	COMPLAINT with Jury Demand; against All Plaintiffs by John Mann Anderson. ( Filing Fee PAID $402 receipt number AWIEDC-4527596) (Attachments: # 1 Civil Cover Sheet, # 2 Jury Demand)(Story, Lonnie)	RECAP
	Oct. 27, 2023	DISREGARD NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) Modified on 10/27/2023 (vkb)
	Oct. 27, 2023	Notice of Judge Assignment
	Oct. 27, 2023	Case Opening Modification
	Oct. 27, 2023	DISREGARD NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) Modified on 10/27/2023 (vkb)
	Oct. 27, 2023	Case Opening Modification(s); The following modification(s) have been made to your case entry: The nature of suit has been modified to reflect that this case is a Prisoner Petition 555 - Prison Condition. (vkb)
	Oct. 27, 2023	Case Opening Modification(s); The following modification(s) have been made to your case entry: The nature of suit has been modified to reflect that this case is a Prisoner Petition 555 - Prison Condition. (vkb)
	Oct. 27, 2023	AMENDED NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; (case randomly assigned not based on divisional office as nature of suit is 555) Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (vkb)
	Oct. 27, 2023	AMENDED NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; (case randomly assigned not based on divisional office as nature of suit is 555) Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (vkb)
2	Nov. 1, 2023	REQUEST for Issuance of Summons by John Mann Anderson (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Story, Lonnie)	RECAP
2	Nov. 1, 2023	REQUEST for Issuance of Summons by John Mann Anderson (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Story, Lonnie)	RECAP
	Nov. 2, 2023	Summons Issued as to All Defendants. (rcm)
	Nov. 2, 2023	Summons Issued
	Nov. 2, 2023	Summons Issued as to All Defendants. (rcm)
3	Nov. 15, 2023	NOTICE of Appearance by Brandon T Flugaur on behalf of Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections. (Flugaur, Brandon)	RECAP
3	Nov. 15, 2023	Notice of Appearance	RECAP
	Nov. 16, 2023	NOTICE from the clerk to ALL PARTIES COUNSEL requesting that the Consent/Refusal form to Magistrate Judge William E. Duffin be filed within 7 days; the form is available here. (bx)
	Nov. 16, 2023	Notice by Clerk to Counsel Re Consent to Magistrate
4	Nov. 17, 2023	Magistrate Judge Jurisdiction Form filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Flugaur, Brandon)	RECAP
4	Nov. 17, 2023	Consent/Refusal to Jurisdiction by US Magistrate Judge	RECAP
5	Nov. 17, 2023	Consent/Refusal to Jurisdiction by US Magistrate Judge	RECAP
5	Nov. 17, 2023	Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Story, Lonnie)	RECAP
6	Nov. 17, 2023	Summons Returned Executed	RECAP
6	Nov. 17, 2023	SUMMONS Returned Executed by John Mann Anderson. Jared Hoy served on 11/7/2023. (Story, Lonnie)	RECAP
7	Nov. 17, 2023	Summons Returned Executed	RECAP
7	Nov. 17, 2023	SUMMONS Returned Executed by John Mann Anderson. Kevin A Carr served on 11/7/2023. (Story, Lonnie)	RECAP
8	Nov. 17, 2023	Summons Returned Executed	RECAP
8	Nov. 17, 2023	SUMMONS Returned Executed by John Mann Anderson. Melissa Roberts served on 11/7/2023. (Story, Lonnie)	RECAP
9	Nov. 17, 2023	Summons Returned Executed	RECAP
9	Nov. 17, 2023	SUMMONS Returned Executed by John Mann Anderson. Wisconsin Department of Corrections served on 11/7/2023. (Story, Lonnie)	RECAP
10	Nov. 17, 2023	Summons Returned Executed	RECAP
10	Nov. 17, 2023	SUMMONS Returned Executed by John Mann Anderson. Randall Hepp served on 11/15/2023. (Story, Lonnie)	RECAP
11	Nov. 17, 2023	Summons Returned Executed	RECAP
11	Nov. 17, 2023	SUMMONS Returned Executed by John Mann Anderson. Yana Pushich served on 11/15/2023. (Story, Lonnie)	RECAP
12	Nov. 17, 2023	Order Reassigning Case to Magistrate Judge on Consent AND ~Util - Set/Clear Flags	RECAP
12	Nov. 17, 2023	ORDER REASSIGNING CASE ON CONSENT signed by Judge J P Stadtmueller on 11/17/2023. Case reassigned to Magistrate Judge William E Duffin for all further proceedings. Judge J P Stadtmueller no longer assigned to case. (cc: all counsel)(jm)	RECAP
13	Nov. 20, 2023	SCREENING ORDER signed by Magistrate Judge William E Duffin on 11/20/2023 re 1 Plaintiffs' Proposed Class Action Complaint. Plaintiffs' demands for compensatory and punitive damages are DISMISSED, as all defendants are being sued only in their official capacities. The defendants shall answer or otherwise respond to the remainder of the complaint, as to the injunctive relief requested, within 21 days of this order. (cc: all counsel)(lz)	Clearinghouse
13	Nov. 20, 2023	Order	RECAP
14	Nov. 21, 2023	AMENDED COMPLAINT with Jury Demand against All Defendants filed by Jason Natcone, Patrick Korkowski, John Mann Anderson, Jayvon R Flemming, Kenneth Dalberg, Ashton Dreiling, Justin Welch, Edgar Salinas-Leal, Kevin L Burkes, Brad Schmitt.(Story, Lonnie)	Clearinghouse
15	Dec. 7, 2023	SECOND SCREENING ORDER re 14 Amended Complaint signed by Magistrate Judge William E Duffin on 12/7/2023. The defendants shall answer or otherwise respond to the amended complaint within 21 days of this order. (cc: all counsel)(lz)	RECAP
16	Dec. 8, 2023	NOTICE of Appearance by Karla Z Keckhaver on behalf of All Defendants. Attorney(s) appearing: Karla Z. Keckhaver (Keckhaver, Karla)	RECAP
17	Dec. 8, 2023	NOTICE of Appearance by Jonathan J Whitney on behalf of All Defendants. Attorney(s) appearing: Jon J. Whitney (Whitney, Jonathan)	RECAP
18	Dec. 28, 2023	ANSWER to 14 Amended Complaint, with Jury Demand by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections.(Flugaur, Brandon)	Clearinghouse
19	Jan. 2, 2024	NOTICE of Hearing: Rule 16 Telephonic Scheduling Conference set for 1/24/2024 at 09:30 AM (CT) before Magistrate Judge William E Duffin. The parties shall call the court's conference line at 669-254-5252. When prompted, use meeting ID 160 9647 6949# and # again and then enter passcode 943682# to join the call. A joint Rule 26(f) Report shall be filed by 1/17/2024. (cc: all counsel)(lz)	RECAP
20	Jan. 5, 2024	NOTICE of Appearance by Samir S Jaber on behalf of Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)	RECAP
21	Jan. 11, 2024	ACCEPTANCE OF SERVICE BY DOJ as to Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections (Flugaur, Brandon)	RECAP
22	Jan. 18, 2024	REPORT of Rule 26(f) Plan by John Mann Anderson. (Story, Lonnie)	RECAP
23	Jan. 18, 2024	REQUEST for Copy of Complaint from Joshua W Harmon. (Attachments: # 1 Envelope, # 2 Letter from Clerk in response)(lz) Modified on 2/1/2024 (lz). $8.30 paid 2/1/2024 Receipt No 94642. Copies of ECF Nos 1 & 14 mailed 2/2/2024.	RECAP
24	Jan. 22, 2024	DISREGARD - FILED IN INCORRECT CASE NOTICE of Hearing: Rule 16 Telephonic Scheduling Conference set for 2/13/2024 at 09:30 AM before Magistrate Judge William E Duffin. The parties shall call the court's conference line at 669-254-5252. When prompted, use meeting ID 160 9647 6949# and # again and then enter passcode 943682# to join the call. A Rule 26(f) report shall be by 2/7/2024. (cc: all counsel)(lz) Modified on 1/22/2024 (lz).	RECAP
	Jan. 22, 2024	Set/Reset Hearings
	Jan. 22, 2024	Reset Hearings: Rule 16 Telephonic Scheduling Conference set for 1/24/2024 at 09:30 AM in by Telephone before Magistrate Judge William E Duffin. (lz)
25	Jan. 24, 2024	Minute Entry for proceedings held before Magistrate Judge William E Duffin: Rule 16 Telephonic Scheduling Conference held on 1/24/2024. Case deadlines set. Scheduling order to be entered. (Tape #Zoom audio 9:31-9:36 am) (lz)	RECAP
26	Jan. 24, 2024	SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 1/24/2024. Plaintiffs Rule 26(a) Initial Disclosures due by 2/28/2024. Defendants motion for failure to exhaust administrative remedies due by 3/25/2024. Defendants Rule 26(a) Disclosures due by 3/28/2024. Plaintiffs motion for class certification due by 4/1/2024. Plaintiffs Expert Witness List due by 5/29/2024. Defendants Expert Witness List due by 6/29/2024. Summary Judgment Motions due by 8/31/2024. Mediation to be completed by 11/1/2024. (cc: all counsel)(lz)	RECAP
27	Feb. 28, 2024	DOCUMENT REPLACED WITH RULE 5(d) INITIAL DISCLOSURES Statement by All Plaintiffs. (Story, Lonnie) Modified on 3/1/2024 (mlm). (Main Document 27 replaced on 3/1/2024) (mlm).	RECAP
28	March 22, 2024	MOTION for Preliminary Injunction by John Mann Anderson. (Story, Lonnie)	Clearinghouse
29	March 25, 2024	MOTION for Partial Summary Judgment on Exhaustion Grounds by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)	Clearinghouse
30	March 25, 2024	BRIEF in Support filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 29 MOTION for Partial Summary Judgment on Exhaustion Grounds . (Jaber, Samir)	RECAP
31	March 25, 2024	Proposed Findings of Fact by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections (Jaber, Samir)	RECAP
32	March 25, 2024	DECLARATION of Emily Davidson (Attachments: # 1 Exhibit 1000 - Anderson's ICHR, # 2 Exhibit 1001 - WCI-2023-8196, # 3 Exhibit 1002 - WCI-2023-13260, # 4 Exhibit 1003 - Kurkowski ICHR, # 5 Exhibit 1004 - WCI-2023-12447, # 6 Exhibit 1005 - WCI-2023-12844-, # 7 Exhibit 1006 - Dalberg's ICHR, # 8 Exhibit 1007 - WCI-2023-10705, # 9 Exhibit 1008 - Flemming's ICHR, # 10 Exhibit 1009 - WCI-2023-12289, # 11 Exhibit 1010 - WCI-2023-14913, # 12 Exhibit 1011 - Natcone's ICHR, # 13 Exhibit 1012 - WCI-2023-8465, # 14 Exhibit 1013 - Welch's ICHR, # 15 Exhibit 1014 - WCI-2023-8259, # 16 Exhibit 1015 - Dreiling's ICHR, # 17 Exhibit 1016 - WCI-2023-10120, # 18 Exhibit 1017 - Burkes ICHR, # 19 Exhibit 1018 - WCI-2023-9370, # 20 Exhibit 1019 - WCI-2023-10358, # 21 Exhibit 1020 - Salinas-Leal's ICHR, # 22 Exhibit 1021 - Schmitt's ICHR)(Jaber, Samir) 1 Exhibit 1000 - Anderson's ICHR View on RECAP 2 Exhibit 1001 - WCI-2023-8196 View on RECAP 3 Exhibit 1002 - WCI-2023-13260 View on RECAP 4 Exhibit 1003 - Kurkowski ICHR View on RECAP 5 Exhibit 1004 - WCI-2023-12447 View on RECAP 6 Exhibit 1005 - WCI-2023-12844- View on RECAP 7 Exhibit 1006 - Dalberg's ICHR View on RECAP 8 Exhibit 1007 - WCI-2023-10705 View on RECAP 9 Exhibit 1008 - Flemming's ICHR View on RECAP 10 Exhibit 1009 - WCI-2023-12289 View on RECAP 11 Exhibit 1010 - WCI-2023-14913 View on RECAP 12 Exhibit 1011 - Natcone's ICHR View on RECAP 13 Exhibit 1012 - WCI-2023-8465 View on RECAP 14 Exhibit 1013 - Welch's ICHR View on RECAP 15 Exhibit 1014 - WCI-2023-8259 View on RECAP 16 Exhibit 1015 - Dreiling's ICHR View on RECAP 17 Exhibit 1016 - WCI-2023-10120 View on RECAP 18 Exhibit 1017 - Burkes ICHR View on RECAP 19 Exhibit 1018 - WCI-2023-9370 View on RECAP 20 Exhibit 1019 - WCI-2023-10358 View on RECAP 21 Exhibit 1020 - Salinas-Leal's ICHR View on RECAP 22 Exhibit 1021 - Schmitt's ICHR View on RECAP	RECAP
33	March 25, 2024	MOTION to Stay Merits Discovery Pending a Decision on their Motion for Partial Summary Judgment for Failure to Exhaust by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)	RECAP
34	March 28, 2024	First MOTION to Certify Class by All Plaintiffs. (Story, Lonnie)	Clearinghouse
35	April 8, 2024	RESPONSE to Motion filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 28 MOTION for Preliminary Injunction . (Jaber, Samir)	RECAP
36	April 12, 2024	RESPONSE to Motion filed by All Plaintiffs re 29 MOTION for Partial Summary Judgment on Exhaustion Grounds . (Story, Lonnie)	RECAP
37	April 12, 2024	BRIEF IN OPPOSITION BRIEF in Support filed by All Plaintiffs re 29 Defendants' MOTION for Partial Summary Judgment on Exhaustion Grounds . (Story, Lonnie) Modified on 4/15/2024 (lz).	RECAP
38	April 12, 2024	Proposed Findings of Fact by All Plaintiffs (Story, Lonnie)	RECAP
39	April 18, 2024	BRIEF in Opposition filed by All Defendants re 34 First MOTION to Certify Class . (Attachments: # 1 Exhibit A - Arizona Complaint, Parsons v. Ryan)(Keckhaver, Karla)	RECAP
40	April 26, 2024	REPLY BRIEF in Support filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 29 MOTION for Partial Summary Judgment on Exhaustion Grounds . (Jaber, Samir)	RECAP
41	April 26, 2024	RESPONSE filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 38 Proposed Findings of Fact (Jaber, Samir)	RECAP
42	May 3, 2024	TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 5/3/2024. The motion to stay (ECF No. 33 ) is GRANTED as unopposed. (cc: all counsel)(lz)	RECAP
	May 3, 2024	Order on Motion to Stay
43	May 9, 2024	STRICKEN per DECISION AND ORDER ECF No 52 AFFIDAVIT DECLARATION of Burks, Kevin (Story, Lonnie) Modified on 5/23/2024 (lz). Modified on 5/23/2024 (lz).	RECAP
44	May 9, 2024	STRICKEN per DECISION AND ORDER ECF No 52 AFFIDAVIT DECLARATION of Kurklski, Patrick (Story, Lonnie) Modified on 5/23/2024 (lz). Modified on 5/23/2024 (lz).	RECAP
45	May 9, 2024	STRICKEN per DECISION AND ORDER ECF No 52 AFFIDAVIT DECLARATION of Salinas-Leal, Edgar (Story, Lonnie) Modified on 5/23/2024 (lz). Modified on 5/23/2024 (lz).	RECAP
46	May 13, 2024	MOTION for Extension of Time by All Plaintiffs. (Story, Lonnie)	RECAP
47	May 14, 2024	TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 5/14/2024. The plaintiffs motion for an extension of time 46 should have been filed as an expedited motion under Civil Local Rule 7(h) and indicated whether the defendant opposed the motion, see Tips for Practicing Before Judge Duffin. The defendants shall respond to the motion in accordance with Civ. L.R. 7(h). (cc: all counsel)(lz)	RECAP
48	May 14, 2024	STRICKEN per DECISION AND ORDER ECF No 52 AFFIDAVIT DECLARATION of Anderson, John (Story, Lonnie) Modified on 5/23/2024 (lz). Modified on 5/23/2024 (lz).	RECAP
	May 14, 2024	Text Only Order
49	May 17, 2024	MOTION to Strike Plaintiffs' Declarations (Dkts. 43-45, 48.) by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)	RECAP
50	May 17, 2024	RESPONSE to Motion filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 46 MOTION for Extension of Time . (Jaber, Samir)	RECAP
51	May 21, 2024	TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 5/21/2024. The plaintiffs' motion for an extension of time (ECF No. 46) is GRANTED. The deadline for the plaintiffs' expert disclosure is extended by 60 days. (cc: all counsel)(lz)	RECAP
	May 21, 2024	Order on Motion for Extension of Time
52	May 23, 2024	DECISION AND ORDER signed by Magistrate Judge William E Duffin on 5/23/2024 GRANTING 29 Defendants' Motion for Partial Summary Judgment on Exhaustion Grounds; and GRANTING 49 Defendants' Motion to Strike Plaintiffs' Affidavits (ECF Nos. 43, 44, 45, 48). Patrick Kurkowski, Kenneth Dalberg, Edgar Salinas-Leal, Bradley Schmitt, Justin Welch, Ashton Dreiling, John Anderson, and Jayvon Flemming are DISMISSED as plaintiffs. The plaintiffs' mental health and isolation-related claims are DISMISSED. (cc: all counsel)(lz)	Clearinghouse
53	June 4, 2024	DECISION AND ORDER signed by Magistrate Judge William E Duffin on 6/4/2024. The plaintiffs' motion for a preliminary injunction (ECF No. 28 ) is denied. The plaintiffs' motion for class certification (ECF No. 34 ) is denied. (cc: all counsel)(mlm)	Clearinghouse
54	June 24, 2024	NOTICE of Appearance by Stephen P New on behalf of Kevin L Burkes, Jason Natcone. Attorney(s) appearing: Stephen New (New, Stephen)	RECAP
55	June 24, 2024	NOTICE OF APPEAL as to 52 Order on Motion for Partial Summary Judgment,,, Order on Motion to Strike,, by All Plaintiffs. Filing Fee PAID $605, receipt number AWIEDC-4706609 (cc: all counsel) (New, Stephen)	RECAP
56	June 24, 2024	Docketing Statement by All Plaintiffs re 55 Notice of Appeal (cc: all counsel) (New, Stephen)	RECAP
57	June 25, 2024	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 55 Notice of Appeal (lmf)	RECAP
58	June 25, 2024	Attorney Cover Letter re: 55 Notice of Appeal (Attachments: # 1 Docket Sheet)(lmf) 1 Docket Sheet View on PACER	RECAP
59	June 25, 2024	USCA Case Number 24-2086 re: 55 Notice of Appeal. (lmf)	RECAP
60	June 28, 2024	MOTION to Stay Case Deadlines Pending Appeal by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)	RECAP
61	July 19, 2024	USCA Mandate (certified copy) as to 55 Notice of Appeal, USCA Number 24-2086. Upon consideration of the MOTION FOR VOLUNTARY DISMISSAL, filed onJuly 19, 2024, by counsel for the appellants, IT IS ORDERED that the rule to show cause dated July 18, 2024, is DISCHARGED. This appeal is DISMISSED in accordance with Federal Rule of Appellate Procedure 42(b). (lmf)	Clearinghouse
62	July 22, 2024	TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 7/22/2024. The motion to stay (ECF No. 60 ) is DISMISSED AS MOOT. (cc: all counsel)(lz)	RECAP
	July 22, 2024	Order on Motion to Stay
63	Aug. 6, 2024	STIPULATION FOR DISMISSAL MOTION to Dismiss by All Plaintiffs. (Story, Lonnie) Modified on 8/6/2024 (lz).	RECAP
	Aug. 6, 2024	Terminate Case - Notice Attorneys
	Aug. 6, 2024	Terminated Case
	Aug. 6, 2024	Case Terminated without prejudice, with each side to bear its own costs and fees pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). See ECF No 63 Stipulation of Voluntary Dismissal. (lz)

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Case Details

State / Territory:

Wisconsin

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Solitary confinement

Key Dates

Filing Date: Oct. 26, 2023

Closing Date: Aug. 6, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Named plaintiffs are ten inmates who were imprisoned at various Department of Correction facilities and who were subject to inadequate medical care and/or isolation during their imprisonment. The named plaintiffs sought class certification on behalf of all present, future, and past inmates at Wisconsin prison facilities who were subject to state prison medical care practices and isolation protocols. However, this request for class certification was ultimately denied.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

Wisconsin Department of Corrections

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Eastern District of Wisconsin 2:23-cv-01430

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Recreation / Exercise

Solitary confinement/Supermax (conditions or process)

Suicide prevention (facilities)

Medical/Mental Health Care:

Dental care

Medical care, general

Mental health care, general

Suicide prevention

Recommended Citation

Case Summary of Natcone v. Wisconsin Department of Corrections, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45157/ (last updated 2/9/2025).