Dylan Lee Sockness v. C.O. Zoey Carey, C.O. Henry Beekman, Lt. Bradley McCoy, and Sgt. Marcus Peschke

Summary

The United States District Court for the Eastern District of Wisconsin denied without prejudice the plaintiff's motion for leave to file a fifth amended complaint because it did not comply with amendment requirements. The court also denied motions seeking a psychological evaluation and an order requiring jail staff to provide policies, finding that the requested expert appointment was not for a permissible neutral purpose and that the discovery request was premature.

Holdings

1. Leave to amend was denied without prejudice because plaintiff failed to comply with Civil Local Rule 15 by identifying every proposed change and attaching a complete proposed amended complaint.
2. The motion for a psychological evaluation was denied because Federal Rule of Evidence 706(a) does not authorize appointment of a neutral expert merely to benefit a party or advance that party's case.
3. The request was denied as premature because the court does not conduct the initial discovery process and defendants had not yet appeared.

Questions Presented

1. Whether plaintiff should be granted leave to file a fifth amended complaint when he failed to identify the proposed changes and attach a complete proposed amended complaint as required by the local rules.
2. Whether the court should appoint a neutral expert under Federal Rule of Evidence 706(a) to provide plaintiff with a psychological evaluation.
3. Whether the court should order jail staff to provide policies before defendants had appeared and before the ordinary discovery process had begun.

Disposition

other