Automated Summary
Key Facts
Kenneth Bernard Burney, an incarcerated plaintiff at Green Bay Correctional Institution, filed a 42 U.S.C. §1983 case alleging an Eighth Amendment violation by John/Jane Doe Defendants allegedly responsible for his dental care. Burney identified Dr. Tommy Onjukka, Dr. Jerome, Dr. Michael Brossman, and dental assistants A. Morgan, L. Mosqueda, and D. Belotserkovsky as the defendants. The Court granted Burney's notice to identify these defendants, terminated Warden Stevens from the action, and ordered electronic service to the Wisconsin Department of Justice. Defendants must file responsive pleadings within 60 days, and discovery cannot begin until a scheduling order is entered.
Issues
The court grants the plaintiff's notice to identify John/Jane Doe Defendants as specific dental care providers (Dr. Tommy Onjukka, Dr. Jerome, Dr. Michael Brossman, and dental assistants A. Morgan, L. Mosqueda, and D. Belotserkovsky). The court also terminates Warden Stevens from the action since no claim was stated against him, and directs the clerk's office to update the caption accordingly.
Holdings
- The Court ORDERED that the identified defendants (Dr. Tommy Onjukka, Dr. Jerome, Dr. Michael Brossman, and dental assistants A. Morgan, L. Mosqueda, and D. Belotserkovsky) shall file a responsive pleading to the complaint within sixty days of receiving electronic notice of this order.
- The Court ORDERED that the parties may not begin discovery until after the Court enters a scheduling order setting deadlines for discovery and dispositive motions.
- The Court GRANTED Burney's notice to identify the John/Jane Doe Defendants as Dr. Tommy Onjukka, Dr. Jerome, Dr. Michael Brossman, and dental assistants A. Morgan, L. Mosqueda, and D. Belotserkovsky. The Court DIRECTED the clerk's office to terminate Warden Stevens from the action. The Court ORDERED that copies of the complaint, screening order, and this order be electronically sent to the identified defendants. The Court ORDERED that the defendants shall file a responsive pleading within sixty days of receiving electronic notice of this order.
Remedies
The court granted the plaintiff's notice to identify the John/Jane Doe Defendants as Dr. Tommy Onjukka, Dr. Jerome, Dr. Michael Brossman, and dental assistants A. Morgan, L. Mosqueda, and D. Belotserkovsky. The court also directed termination of Warden Stevens from the action, ordered electronic service of the complaint to the identified defendants, and required defendants to file responsive pleadings within sixty days of receiving electronic notice.
Legal Principles
Under 42 U.S.C. §1983, a defendant is liable only if personally responsible for the deprivation of a constitutional right, meaning the deprivation occurred at the defendant's behest or with knowledge and consent. There is no vicarious liability under §1983, which means individuals are not liable for the misconduct of their coworkers, supervisors, or subordinates.
Precedent Name
Williams v. Shah
Cited Statute
42 U.S.C. §1983 Civil Rights Act
Judge Name
Byron B. Conway
Passage Text
- IT IS THEREFORE ORDERED that Burney's notice to identify the John/Jane Doe Defendants as Dr. Tommy Onjukka, Dr. Jerome, Dr. Michael Brossman, and dental assistants A. Morgan, L. Mosqueda, and D. Belotserkovsky (Dkt. No. 18) is GRANTED. Because Burney does not state a claim against Warden Stevens, the Court directs the clerk's office to terminate him from this action.
- IT IS FURTHER ORDERED that, pursuant to the informal service agreement between the Wisconsin Department of Justice and this Court, Dr. Tommy Onjukka, Dr. Jerome, Dr. Michael Brossman, and dental assistants A. Morgan, L. Mosqueda, and D. Belotserkovsky shall file a responsive pleading to the complaint within sixty days of receiving electronic notice of this order.
- IT IS FURTHER ORDERED that the parties may not begin discovery until after the Court enters a scheduling order setting deadlines for discovery and dispositive motions.