the jail staff identified during the preliminary internal investigations. (Docket No. 39, ¶ 4.) There is a liberty interest in avoiding placement in a status that is atypical, but there is nothing atypical about Riker’s placement. According to Racine County Jail policy, inmates are placed in administrative segregation for a multitude of reasons, including potential safety risks to the general population. (Docket No. 36, ¶ 25.) Also, according to the policy, a subjective evaluation of potential future risk is a reason for placement in administrative segregation. (Id.) The Racine County Jail staff, which identified and evaluated potential future risks regarding Riker in general population, acted in accordance with the jail’s own policy in placing Riker in administrative segregation. Riker was not deprived of any liberty interest he possessed because his placement was in accordance
Id. (internal citations omitted). Although there is a distinction, it is of little significance in application, and courts have found it appropriate to use the same standard for claims arising out of both the Eighth Amendment (convicted prisoners) and the Fourteenth Amendment (pretrial detainees). Id. (citing Henderson v. Sheahan, 195 F.3d 839, 845 (7th Cir. 1999)). A. Plaintiff’s Due Process Claim The court begins its analysis with Riker’s claim that his placement in administrative segregation upon booking, without an initial hearing, and his continued segregation status throughout his stay at the Racine County Jail, was a deprivation of due process. “A person has a liberty interest in avoiding placement in a status that is atypical and imposes a significant hardship on the inmate in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 (1995). If a liberty interest exists, then due process requires informal, non-adversarial, but 8 periodic review of the confinement. Alston v. DeBruyn, 13 F.3d 1036, 1042 (7th Cir. 1994) (citing Kentucky Dept. of Corrections v. Thompson, 490 U.S. 454, 462-63 (1989); Hewitt v. Helms, 459 U.S. 460, 472 (1983)). A condition of confinement may be imposed on a pretrial detainee without violating the due process clause if it is reasonably related to a legitimate and non-punitive governmental goal; it may not be arbitrary or purposeless. Antonelli v. Sheahan, 81 F.3d 1422, 1428 (7th Cir. 1996) (citing United States v. Salerno, 481 U.S. 739, 747 (1987)). Safety and preventing danger to the community are legitimate governmental goals that outweigh an individual’s liberty interest, depending upon the circumstances. Id. A pretrial detainee has a right to due process before conditions or restrictions are imposed upon him only if those restrictions or conditions amount to punishment of the detainee. Bell v. Wolfish, 441 U.S. 520, 536 (1979). In the case at hand, Riker was placed in administrative, non-disciplinary segregation immediately upon booking. (Docket No. 36, ¶ 3.) This was done for safety and security reasons that
cell for shower and exercise when he slipped out of his belly chain. (Docket No. 36, ¶ 24.) Riker yelled racial epithets at black inmates in nearby day rooms as he swung the belly chain around, using the stillattached padlock to damage windows of the neighboring day rooms. (Docket No. 36, ¶ 24.) Lt. Brown conducted periodic reviews concerning Riker’s administrative segregation status, but Riker remained housed in administrative segregation for the remainder of his time at Racine 7 County Jail due to continued threats towards inmates and staff and destruction of property. (Docket No. 36, ¶¶ 22-23.) IV. ANALYSIS Riker claims the defendants violated his Eighth Amendment right against cruel and unusual punishment and his Fourteenth Amendment right to due process. It appears that Riker, while in the Racine County Jail and during the time of the alleged constitutional violations, was a pretrial detainee. As a pretrial detainee, both claims will be analyzed under the Fourteenth Amendment. Jackson v Ill. Medi-Car, Inc., 300 F.3d 760, 764 (7th Cir. 2002). The constitutional rights of a pretrial detainee are derived from the due process clause of the Fourteenth Amendment and are distinguishable from an inmate’s right not to be subjected to cruel and unusual punishment under the Eighth Amendment. Board v. Farnham, 394 F.3d 469, 477 (7th Cir. 2005) (citing Bell v Wolfish, 441 U.S. 520, 535 (1979)). Although the Eighth Amendment does not apply to pretrial detainees, detainees are entitled to at least as much protection as the constitution provides convicted prisoners.
security reasons shown from his multiple and continued violent outbursts and threats. (Docket 36, ¶ 14.) These cell modifications included preemptive removal of items to prevent Riker from using them as weapons against people or to damage property. (Id.) In addition to the removal of items from his cell, Riker would be allowed to be out of his cell only with the Correctional Emergency Response Team (“CERT”) standing by for showering and phone use, (Docket No. 36, ¶ 15), during which time his cell would be cleaned and searched, (Docket No. 36, ¶ 16). The staff also determined that Riker would not be allowed in the dayroom without leg irons and belly chains, and made special security measures for transporting him to and from the courthouse. (Docket No. 36, ¶¶ 17- 18.) Riker claims that the belly chains and leg irons caused him severe physical injuries due to the way he had to position his body to use the phone and the mental strain of administrative segregation and limited recreation time caused severe mental and psychological injury. (Docket No. 1.) Following these security measures, Riker again on January 12, 2010 tampered with a sprinkler head but was stopped and secured to a body board when he threatened to disarm a guard carrying a taser. (Docket No. 36, ¶ 19.) On January 22, 2010, he was transferred to a cell on “2D”, where he remained for the rest of his time at the Racine County Jail. (Docket No. 36, ¶ 20.) Once in 2D, due to Riker’s prior threats, acts of violence, and repeated property damage, it was determined that Riker would be allowed out of his cell on only Mondays, Wednesdays, and Fridays during first shift, in which he was allowed to use the common room/day room for recreation while the CERT team supervised him. (Docket No. 36, ¶ 21.) On July 28, 2010, Riker was out of his
phone, and exercise in the day room. (Docket No. 36, ¶ 5.) On November 28, 2009, Riker filed an inmate request/complaint demanding to be placed in general population, to which Sheriff Thompson responded and advised Riker that his classification was to ensure jail security and safety and his classification would be reviewed every ten days. (Docket No. 36, ¶¶ 6-7.) On December 20, 2009, Riker flooded his cell and broke the seat off his desk, then pounded the heavy metal seat against the cell door, causing jail staff to transfer him to a different cell. (Docket No. 36, ¶ 8.) On December 29, 2009, during a meeting with a mental health worker, Riker broke a cell door and shouted racial slurs, which were directed at other inmates. (Docket No. 36, ¶ 9.) On December 31, 2009, Riker was yelling at inmates from day rooms 2 and 3, and Officer Hernandez advised Riker to stand down. (Docket No. 36, ¶ 10.) Riker refused to stand down and yelled to “get those niggers away from the windows” and asked Officer Hernandez for “any nigger to kill.” (Id.) Riker also threatened to kick Officer Hernandez’s “ass.” (Id.) On January 2, 2010, Riker threatened staff members standing guard during his shower, specifically telling Sergeant Gonzales that “I’m gonna catch you when you don’t have five people around you. I’m gonna remember your face you fucking spic, and you’re gonna remember mine.” (Docket No. 36, ¶ 11.) On January 6, 2010, Riker forced his solid cell door open by kicking the door with such force that the welds broke, and was then able to push the lower portion from its track, allowing him to exit the cell. (Docket No. 36, ¶ 12.) After exiting the cell, Riker used a metal electrical junction box he pried from the wall to break six cell windows, two day room windows, and nine light fixtures, depriving the jail of the use of eight cells for approximately one month. (Id.) That same day, command staff met to formulate an action plan for safely housing Riker to prevent further damage to the facility but in a manner in which he would not be able to carry out his threats. (Docket 36, ¶ 13.) At the meeting, the command staff decided Riker needed to be housed by himself in a modified cell and two man day room on administrative segregation status for safety and
If the moving party meets its burden, the nonmoving party then has the burden to present specific facts showing that there is a genuine issue of material fact. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986). III. FACTS According to the defendants’ submissions in support of summary judgment, which Riker has failed to appropriately contest, Riker was booked in to the Racine County Jail on November 11, 2009, being held on numerous felony charges including multiple counts of First Degree Recklessly Endangering Safety, Possession of a Firearm by a Felon, Strangulation and Suffocation, Child Abuse—Causing Mental Harm, and Child Abuse—Intentionally Causing Harm. (Docket No. 36, ¶1-2.) While awaiting trial, Racine County Jail staff initially housed Riker in administrative segregation due to the potential safety and security threat he posed within the jail. (Docket No. 36, ¶ 3.) The Racine County Jail policy regarding administrative segregation provides that the decision to place someone in segregation can be based on purely subjective evaluations and predictions of future behavior or on informed predictions based on past behavior. (Docket No. 36, ¶ 25.) Segregation is designed to help protect those threatened by the behavior of the inmate as well to protect the inmate himself. (Id.) An inmate who displays or threatens aggressive behavior towards staff or other inmates or has any sort of disciplinary problem may need administrative segregation. (Id.) Internal investigation revealed that Riker subscribed to a white supremacist ideology, the expression of which could pose a threat to the safety of other inmates, jail staff, or Riker himself due to the ethnic and racial diversity of the general population. (Id ¶ 3.) Riker’s assignment to administrative segregation was done as a precautionary measure, pursuant to jail policy, in an effort to maintain the safety and security of the jail environment. (Docket No. 36, ¶ 4.) Inmates in administrative segregation are allowed to have one hour per day outside their cell to shower, use the
On January 29, 2012, the defendants filed a motion for summary judgment. (Docket No. 35). The defendants submitted their proposed findings of fact, (Docket No. 36), and a brief in support of the motion for summary judgment, (Docket No. 37.) Riker responded by alleging that the defendants’ submissions are confusing and that the facts set forth in the supporting affidavits are “falsehoods.” (Docket No. 41.) II. SUMMARY JUDGMENT STANDARD “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986); McNeal v. Macht, 763 F. Supp. 1458, 1460-61 (E.D. Wis. 1991). Material facts are those facts which, under the governing substantive law, might affect the outcome of the suit. Anderson, 477 U.S. at 248. A dispute of such material facts is “genuine” if the evidence is such that a reasonable trier of fact could find in favor of the nonmoving party. Id. The movant bears the burden to establish that there is no genuine issue of material fact and that he or she is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a); Adickes v. S.H. Kress & Co., 398 U.S. 144, 159 (1970); see also Celotex Corp., 477 U.S. at 323. The moving party satisfies its burden by demonstrating “that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp., 477 U.S. at 325. Any doubt as to the existence of a genuine issue for trial is resolved against the moving party. Anderson, 477 U.S. at 255; Cain v. Lane, 857 F.2d 1139, 1142 (7th Cir. 1988); Spring v. Sheboygan Area School Dist., 865 F.2d 883, 886 (7th Cir. 1989). Further, “on summary judgment, a court can neither make a credibility determination nor choose between competing interests.” Sarsha v. Sears, Roebuck & Co., 3 F.3d 1035, 1041 (7th Cir. 1993).
with claims regarding his conditions of confinement and whether his due process rights were violated. (Docket No. 13.) The court dismissed the Racine County Jail as a defendant. (Docket No. 13.) The defendants submitted a timely answer to the complaint raising affirmative defenses. (Docket No. 14.) Riker then submitted a request for an order setting a deadline for the defendants to respond to his complaint. (Docket No. 19.) The court found Riker’s request moot because the defendants had answered the complaint within the deadlines set forth in Federal Rules of Civil Procedure. (Docket No. 20.) Riker then filed a motion for the court to order the defendants to disclose requested discovery, alleging that his request for all e-mails regarding his 24 hour confinement had not been met. (Docket No. 23.) Riker also submitted a request for representation by a court appointed attorney. (Docket No. 26.) The court denied Riker’s motion to compel on the grounds that his request for any and all e-mail messages about his 24 hour confinement over a thirteen month period was overly broad, and a search of thirteen months of e-mails would be burdensome. (Docket No. 27.) Further, Riker’s request for a court appointed attorney was also denied on the basis that he failed to meet the requirement of establishing his unsuccessful attempts to obtain legal counsel on his own, and that he demonstrated competence to represent himself. (Docket No. 27.) Riker then filed another motion to appoint counsel, this time including evidence of his attempts to retain representation. (Docket No. 29.) The court denied the motion, acknowledging that even though Riker satisfied the requirement to attempt to retain counsel, assessing the nature and difficulty of the case, he demonstrated sufficient competence to represent himself and the appointment of counsel would not make a difference in the outcome of the case. (Docket No. 30.) Riker requested the court reconsider based on his professed lack of legal proceedings and ability to engage in legal research. (Docket No. 31.) The court denied Riker’s request for reconsideration. (Docket No. 33.)
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN SEAN A. RIKER, Plaintiff, v. Case No. 10-C-906 SHERIFF ROBERT CARLSON, et al., Defendants. DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT I. PROCEDURAL HISTORY On October 13, 2010, the plaintiff, Sean A. Riker (“Riker”), proceeding pro se, filed a complaint under 42 U.S.C. § 1983 alleging civil rights violations while incarcerated in the Racine County Jail. Riker claims that Sheriff Robert Carlson (“Carlson”), Captain Douglas Wearing (“Wearing”), Chief Deputy John Hanrahan (“Hanrahan”), Lt. Kevin Brown (“Brown”), and Sheriff Deputy Christopher Schmaling (“Schmaling”), all of whom were persons involved in his incarceration at the Racine County Jail, violated his right to due process by placing him in administrative segregation and violated the constitutional prohibition against cruel and unusual punishment in relation to his conditions of confinement. (Docket No. 1.) Riker claims that the 24 hour lockdown has resulted in multiple physical and emotional injuries. (Id.) Accompanying his complaint was a motion for leave to proceed in forma pauperis. (Docket No. 2.) The matter was randomly assigned to this court and the parties have consented to full jurisdiction of a magistrate judge. (Docket Nos. 6, 15, 16.) The court screened Ricker’s complaint and permitted him to proceed
Sean says he loves Angel and said 143 forever baby to her above. How nice of him. Because in December of 2011 Angel committed suicide supposedly for the reason of being so heart-broken about Sean’s wrongful conviction. But in October of 2012 Sean had posted on his PrisonInmates.com website the following: “I never through I would experience love again but now I know I will. Through this website I hope to find my soul mate and someone to grow old with. I’m a non-smoker, non-druggie and non-drinker. I’m looking for someone with intelligence, a sense of human, manners, great hygienic values and a great personality. Are you out there??? “ Sean, you one-time fiancé and love of your life killed herself for her love for you. That’s some real Romeo and Juliet type shit right there. Real deep, ya know. But less than a year later, LESS THAN A YEAR LATER, you were back on the dating scene pounding the pavement and looking for a new love again. Someone killed themselves for you in an act of love and you are moving on to the next less than a year later. What the fuck does that say about you. A real genuine man like Megan likes to say, huh.
RSS
a liberty interest in avoiding placement in a status that is atypical, but there is nothing atypical about
Riker’s placement. According to Racine County Jail policy, inmates are placed in administrative
segregation for a multitude of reasons, including potential safety risks to the general population.
(Docket No. 36, ¶ 25.) Also, according to the policy, a subjective evaluation of potential future risk
is a reason for placement in administrative segregation. (Id.) The Racine County Jail staff, which
identified and evaluated potential future risks regarding Riker in general population, acted in
accordance with the jail’s own policy in placing Riker in administrative segregation. Riker was not
deprived of any liberty interest he possessed because his placement was in accordance
application, and courts have found it appropriate to use the same standard for claims arising out of
both the Eighth Amendment (convicted prisoners) and the Fourteenth Amendment (pretrial
detainees). Id. (citing Henderson v. Sheahan, 195 F.3d 839, 845 (7th Cir. 1999)).
A. Plaintiff’s Due Process Claim
The court begins its analysis with Riker’s claim that his placement in administrative
segregation upon booking, without an initial hearing, and his continued segregation status
throughout his stay at the Racine County Jail, was a deprivation of due process. “A person has a
liberty interest in avoiding placement in a status that is atypical and imposes a significant hardship
on the inmate in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472,
484 (1995). If a liberty interest exists, then due process requires informal, non-adversarial, but
8
periodic review of the confinement. Alston v. DeBruyn, 13 F.3d 1036, 1042 (7th Cir. 1994) (citing
Kentucky Dept. of Corrections v. Thompson, 490 U.S. 454, 462-63 (1989); Hewitt v. Helms, 459
U.S. 460, 472 (1983)). A condition of confinement may be imposed on a pretrial detainee without
violating the due process clause if it is reasonably related to a legitimate and non-punitive
governmental goal; it may not be arbitrary or purposeless. Antonelli v. Sheahan, 81 F.3d 1422, 1428
(7th Cir. 1996) (citing United States v. Salerno, 481 U.S. 739, 747 (1987)). Safety and preventing
danger to the community are legitimate governmental goals that outweigh an individual’s liberty
interest, depending upon the circumstances. Id. A pretrial detainee has a right to due process before
conditions or restrictions are imposed upon him only if those restrictions or conditions amount to
punishment of the detainee. Bell v. Wolfish, 441 U.S. 520, 536 (1979).
In the case at hand, Riker was placed in administrative, non-disciplinary segregation
immediately upon booking. (Docket No. 36, ¶ 3.) This was done for safety and security reasons that
and exercise when he slipped out of his belly chain. (Docket No. 36, ¶ 24.) Riker yelled racial
epithets at black inmates in nearby day rooms as he swung the belly chain around, using the stillattached
padlock to damage windows of the neighboring day rooms. (Docket No. 36, ¶ 24.)
Lt. Brown conducted periodic reviews concerning Riker’s administrative segregation status,
but Riker remained housed in administrative segregation for the remainder of his time at Racine
7
County Jail due to continued threats towards inmates and staff and destruction of property. (Docket
No. 36, ¶¶ 22-23.)
IV. ANALYSIS
Riker claims the defendants violated his Eighth Amendment right against cruel and unusual
punishment and his Fourteenth Amendment right to due process. It appears that Riker, while in the
Racine County Jail and during the time of the alleged constitutional violations, was a pretrial
detainee. As a pretrial detainee, both claims will be analyzed under the Fourteenth Amendment.
Jackson v Ill. Medi-Car, Inc., 300 F.3d 760, 764 (7th Cir. 2002). The constitutional rights of a
pretrial detainee are derived from the due process clause of the Fourteenth Amendment and are
distinguishable from an inmate’s right not to be subjected to cruel and unusual punishment under
the Eighth Amendment. Board v. Farnham, 394 F.3d 469, 477 (7th Cir. 2005) (citing Bell v Wolfish,
441 U.S. 520, 535 (1979)). Although the Eighth Amendment does not apply to pretrial detainees,
detainees are entitled to at least as much protection as the constitution provides convicted prisoners.
14.) These cell modifications included preemptive removal of items to prevent Riker from using
them as weapons against people or to damage property. (Id.) In addition to the removal of items
from his cell, Riker would be allowed to be out of his cell only with the Correctional Emergency
Response Team (“CERT”) standing by for showering and phone use, (Docket No. 36, ¶ 15), during
which time his cell would be cleaned and searched, (Docket No. 36, ¶ 16). The staff also determined
that Riker would not be allowed in the dayroom without leg irons and belly chains, and made
special security measures for transporting him to and from the courthouse. (Docket No. 36, ¶¶ 17-
18.) Riker claims that the belly chains and leg irons caused him severe physical injuries due to the
way he had to position his body to use the phone and the mental strain of administrative segregation
and limited recreation time caused severe mental and psychological injury. (Docket No. 1.)
Following these security measures, Riker again on January 12, 2010 tampered with a
sprinkler head but was stopped and secured to a body board when he threatened to disarm a guard
carrying a taser. (Docket No. 36, ¶ 19.) On January 22, 2010, he was transferred to a cell on “2D”,
where he remained for the rest of his time at the Racine County Jail. (Docket No. 36, ¶ 20.) Once in
2D, due to Riker’s prior threats, acts of violence, and repeated property damage, it was determined
that Riker would be allowed out of his cell on only Mondays, Wednesdays, and Fridays during first
shift, in which he was allowed to use the common room/day room for recreation while the CERT
team supervised him. (Docket No. 36, ¶ 21.) On July 28, 2010, Riker was out of his
inmate request/complaint demanding to be placed in general population, to which Sheriff Thompson
responded and advised Riker that his classification was to ensure jail security and safety and his
classification would be reviewed every ten days. (Docket No. 36, ¶¶ 6-7.)
On December 20, 2009, Riker flooded his cell and broke the seat off his desk, then pounded
the heavy metal seat against the cell door, causing jail staff to transfer him to a different cell.
(Docket No. 36, ¶ 8.) On December 29, 2009, during a meeting with a mental health worker, Riker
broke a cell door and shouted racial slurs, which were directed at other inmates. (Docket No. 36, ¶
9.) On December 31, 2009, Riker was yelling at inmates from day rooms 2 and 3, and Officer
Hernandez advised Riker to stand down. (Docket No. 36, ¶ 10.) Riker refused to stand down and
yelled to “get those niggers away from the windows” and asked Officer Hernandez for “any nigger
to kill.” (Id.) Riker also threatened to kick Officer Hernandez’s “ass.” (Id.) On January 2, 2010,
Riker threatened staff members standing guard during his shower, specifically telling Sergeant
Gonzales that “I’m gonna catch you when you don’t have five people around you. I’m gonna
remember your face you fucking spic, and you’re gonna remember mine.” (Docket No. 36, ¶ 11.)
On January 6, 2010, Riker forced his solid cell door open by kicking the door with such
force that the welds broke, and was then able to push the lower portion from its track, allowing him
to exit the cell. (Docket No. 36, ¶ 12.) After exiting the cell, Riker used a metal electrical junction
box he pried from the wall to break six cell windows, two day room windows, and nine light
fixtures, depriving the jail of the use of eight cells for approximately one month. (Id.) That same
day, command staff met to formulate an action plan for safely housing Riker to prevent further
damage to the facility but in a manner in which he would not be able to carry out his threats.
(Docket 36, ¶ 13.) At the meeting, the command staff decided Riker needed to be housed by himself
in a modified cell and two man day room on administrative segregation status for safety and
specific facts showing that there is a genuine issue of material fact. Matsushita Elec. Indus. Co.,
Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986).
III. FACTS
According to the defendants’ submissions in support of summary judgment, which Riker has
failed to appropriately contest, Riker was booked in to the Racine County Jail on November 11,
2009, being held on numerous felony charges including multiple counts of First Degree Recklessly
Endangering Safety, Possession of a Firearm by a Felon, Strangulation and Suffocation, Child
Abuse—Causing Mental Harm, and Child Abuse—Intentionally Causing Harm. (Docket No. 36,
¶1-2.) While awaiting trial, Racine County Jail staff initially housed Riker in administrative
segregation due to the potential safety and security threat he posed within the jail. (Docket No. 36, ¶
3.) The Racine County Jail policy regarding administrative segregation provides that the decision to
place someone in segregation can be based on purely subjective evaluations and predictions of
future behavior or on informed predictions based on past behavior. (Docket No. 36, ¶ 25.)
Segregation is designed to help protect those threatened by the behavior of the inmate as well to
protect the inmate himself. (Id.) An inmate who displays or threatens aggressive behavior towards
staff or other inmates or has any sort of disciplinary problem may need administrative segregation.
(Id.)
Internal investigation revealed that Riker subscribed to a white supremacist ideology, the
expression of which could pose a threat to the safety of other inmates, jail staff, or Riker himself
due to the ethnic and racial diversity of the general population. (Id ¶ 3.) Riker’s assignment to
administrative segregation was done as a precautionary measure, pursuant to jail policy, in an effort
to maintain the safety and security of the jail environment. (Docket No. 36, ¶ 4.) Inmates in
administrative segregation are allowed to have one hour per day outside their cell to shower, use the
The defendants submitted their proposed findings of fact, (Docket No. 36), and a brief in support of
the motion for summary judgment, (Docket No. 37.) Riker responded by alleging that the
defendants’ submissions are confusing and that the facts set forth in the supporting affidavits are
“falsehoods.” (Docket No. 41.)
II. SUMMARY JUDGMENT STANDARD
“The court shall grant summary judgment if the movant shows that there is no genuine
dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.
Civ. P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Celotex Corp. v.
Catrett, 477 U.S. 317, 324 (1986); McNeal v. Macht, 763 F. Supp. 1458, 1460-61 (E.D. Wis. 1991).
Material facts are those facts which, under the governing substantive law, might affect the outcome
of the suit. Anderson, 477 U.S. at 248. A dispute of such material facts is “genuine” if the evidence
is such that a reasonable trier of fact could find in favor of the nonmoving party. Id.
The movant bears the burden to establish that there is no genuine issue of material fact and
that he or she is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a); Adickes v. S.H. Kress
& Co., 398 U.S. 144, 159 (1970); see also Celotex Corp., 477 U.S. at 323. The moving party
satisfies its burden by demonstrating “that there is an absence of evidence to support the nonmoving
party’s case.” Celotex Corp., 477 U.S. at 325. Any doubt as to the existence of a genuine issue for
trial is resolved against the moving party. Anderson, 477 U.S. at 255; Cain v. Lane, 857 F.2d 1139,
1142 (7th Cir. 1988); Spring v. Sheboygan Area School Dist., 865 F.2d 883, 886 (7th Cir. 1989).
Further, “on summary judgment, a court can neither make a credibility determination nor choose
between competing interests.” Sarsha v. Sears, Roebuck & Co., 3 F.3d 1035, 1041 (7th Cir. 1993).
violated. (Docket No. 13.) The court dismissed the Racine County Jail as a defendant. (Docket No.
13.)
The defendants submitted a timely answer to the complaint raising affirmative defenses.
(Docket No. 14.) Riker then submitted a request for an order setting a deadline for the defendants to
respond to his complaint. (Docket No. 19.) The court found Riker’s request moot because the
defendants had answered the complaint within the deadlines set forth in Federal Rules of Civil
Procedure. (Docket No. 20.) Riker then filed a motion for the court to order the defendants to
disclose requested discovery, alleging that his request for all e-mails regarding his 24 hour
confinement had not been met. (Docket No. 23.) Riker also submitted a request for representation
by a court appointed attorney. (Docket No. 26.) The court denied Riker’s motion to compel on the
grounds that his request for any and all e-mail messages about his 24 hour confinement over a
thirteen month period was overly broad, and a search of thirteen months of e-mails would be
burdensome. (Docket No. 27.) Further, Riker’s request for a court appointed attorney was also
denied on the basis that he failed to meet the requirement of establishing his unsuccessful attempts
to obtain legal counsel on his own, and that he demonstrated competence to represent himself.
(Docket No. 27.) Riker then filed another motion to appoint counsel, this time including evidence of
his attempts to retain representation. (Docket No. 29.) The court denied the motion, acknowledging
that even though Riker satisfied the requirement to attempt to retain counsel, assessing the nature
and difficulty of the case, he demonstrated sufficient competence to represent himself and the
appointment of counsel would not make a difference in the outcome of the case. (Docket No. 30.)
Riker requested the court reconsider based on his professed lack of legal proceedings and ability to
engage in legal research. (Docket No. 31.) The court denied Riker’s request for reconsideration.
(Docket No. 33.)
EASTERN DISTRICT OF WISCONSIN
SEAN A. RIKER,
Plaintiff,
v. Case No. 10-C-906
SHERIFF ROBERT CARLSON, et al.,
Defendants.
DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
I. PROCEDURAL HISTORY
On October 13, 2010, the plaintiff, Sean A. Riker (“Riker”), proceeding pro se, filed a
complaint under 42 U.S.C. § 1983 alleging civil rights violations while incarcerated in the Racine
County Jail. Riker claims that Sheriff Robert Carlson (“Carlson”), Captain Douglas Wearing
(“Wearing”), Chief Deputy John Hanrahan (“Hanrahan”), Lt. Kevin Brown (“Brown”), and Sheriff
Deputy Christopher Schmaling (“Schmaling”), all of whom were persons involved in his
incarceration at the Racine County Jail, violated his right to due process by placing him in
administrative segregation and violated the constitutional prohibition against cruel and unusual
punishment in relation to his conditions of confinement. (Docket No. 1.) Riker claims that the 24
hour lockdown has resulted in multiple physical and emotional injuries. (Id.) Accompanying his
complaint was a motion for leave to proceed in forma pauperis. (Docket No. 2.) The matter was
randomly assigned to this court and the parties have consented to full jurisdiction of a magistrate
judge. (Docket Nos. 6, 15, 16.) The court screened Ricker’s complaint and permitted him to proceed
“I never through I would experience love again but now I know I will. Through this website I hope to find my soul mate and someone to grow old with. I’m a non-smoker, non-druggie and non-drinker. I’m looking for someone with intelligence, a sense of human, manners, great hygienic values and a great personality. Are you out there??? “
Sean, you one-time fiancé and love of your life killed herself for her love for you. That’s some real Romeo and Juliet type shit right there. Real deep, ya know. But less than a year later, LESS THAN A YEAR LATER, you were back on the dating scene pounding the pavement and looking for a new love again. Someone killed themselves for you in an act of love and you are moving on to the next less than a year later. What the fuck does that say about you. A real genuine man like Megan likes to say, huh.