University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name McKinley Bey v. Pollard PC-WI-0017
Docket / Court 2:16-cv-00521-RTR ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Prison Conditions
Case Summary
On April 29, 2016, a prisoner at the Waupun Correctional Institution (WCI) in Wisconsin, filed this pro se lawsuit in the U.S. District Court for the Eastern District of Washington against the warden and other prison officials at WCI under 42 U.S.C. § 1983. The original complaint named several ... read more >
On April 29, 2016, a prisoner at the Waupun Correctional Institution (WCI) in Wisconsin, filed this pro se lawsuit in the U.S. District Court for the Eastern District of Washington against the warden and other prison officials at WCI under 42 U.S.C. § 1983. The original complaint named several other plaintiffs similarly situated in solitary confinement conditions, alleging that their First, Fifth, and Eighth Amendment rights were being violated. The plaintiff described in his complaint that the administrative confinement unit conditions were harsh and unsanitary. Specifically, he described that cells were infested with insects, that the light in his cell was always on, that he was only allowed out of his cell four hours a week to access the recreation room, and that the recreation room was covered in urine and feces. Additionally, the plaintiff alleged that prisoners in administrative confinement were subject to manipulation and assaults by the guards. The main plaintiff, who had been in administrative segregation for over 25 years, alleged that the isolating conditions at WCI caused him to develop serious mental illnesses.

The plaintiff moved for class certification, preliminary injunction, and to be assigned counsel. All of these motions were denied by Judge Rudolph Randa on June 30, 2016. The judge denied class certification because under federal law pro se litigants are not allowed to represent other pro se litigants.

In June, according to a prison news website, the plaintiff went on a hunger strike to protest his administrative confinement. To convince the plaintiff to begin eating again, the warden agreed to recommend the plaintiff be moved to the Wisconsin Resource Center. On July 25, 2016, the plaintiff submitted an amended complaint that did not include the other plaintiffs.

In the amended complaint, the plaintiff requested preliminary injunction, injunctive relief, declaratory judgment, and damages. Specifically, the plaintiff requested injunctive relief limiting the use of administrative confinement, allowing a pathway for prisoners in administrative confinement to move to the general population, and that the prison implement various accountability measures. The plaintiff also requested declaratory judgment acknowledging that his rights had been violated and that the administrative confinement was harmful and punitive in nature. And finally, the plaintiff requested both punitive and compensatory damages totaling $400,000 from each defendant.

Due to the unavailability of Judge Randa, the case was reassigned to the Chief Judge William Griesbach. On November 2, 2016, the plaintiff was moved to the Wisconsin Resource Center where he had access to treatment and the possibility of moving to the general population. As a result, the Chief Judge dismissed his motion for preliminary injunction as moot. 2016 WL 6989795. The plaintiff’s motions to appoint counsel were consistently denied because, despite his mental illness, he had demonstrated he was able to file complaints.

On June 8, 2017, the plaintiff moved to voluntarily dismiss the case because he was unable to effectively argue the case without counsel or an expert witness. On June 9, 2017, Judge Griesbach, granted the plaintiffs motion and dismissed the case without prejudice.

Amanda Kenner - 02/11/2017
Mary Kate Sickel - 03/25/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Freedom of speech/association
Defendant-type
Corrections
Disability
disability, unspecified
General
Administrative segregation
Conditions of confinement
Sanitation / living conditions
Solitary confinement/Supermax (conditions or process)
Medical/Mental Health
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) William Pollard
Plaintiff Description Prisoner in administrative confinement.
Class action status sought Yes
Class action status granted No
Filed Pro Se Yes
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filing Year 2016
Case Ongoing No
Additional Resources
click to show/hide detail
  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:16−cv−00521−WCG (E.D. Wis.)
PC-WI-0017-9000.pdf | Detail
Date: 06/09/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PC-WI-0017-0001.pdf | Detail
Date: 04/29/2016
Source: PACER [Public Access to Court Electronic Records]
Screening Order [ECF# 18] (E.D. Wis.)
PC-WI-0017-0002.pdf | Detail
Date: 06/30/2016
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 19]
PC-WI-0017-0003.pdf | Detail
Date: 07/25/2016
Source: PACER [Public Access to Court Electronic Records]
[Order Denying Motion for Preliminary Injunction] [ECF# 44] (E.D. Wis.)
PC-WI-0017-0004.pdf | Detail
Date: 11/29/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 62] (E.D. Wis.)
PC-WI-0017-0005.pdf | Detail
Date: 06/02/2017
Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal [ECF# 66] (E.D. Wis.)
PC-WI-0017-0006.pdf | Detail
Date: 06/09/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Griesbach, William C. (E.D. Wis.)
PC-WI-0017-0004 | PC-WI-0017-0005 | PC-WI-0017-0006 | PC-WI-0017-9000
Randa, Rudolph Thomas (E.D. Wis.)
PC-WI-0017-0002
Defendant's Lawyers Conlin, Shannon A. (Wisconsin)
PC-WI-0017-9000
Peacock, Ann M. (Wisconsin)
PC-WI-0017-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -