Dennis John Tims v. Randall Hepp, Yari Pusich, Scott Kinard, Christopher Manthei, Anthony Nelson, and Brent Plate

Summary

The United States District Court for the Eastern District of Wisconsin granted defendants’ motion for summary judgment in Dennis John Tims’s § 1983 action. The court held that the consecutive one-week denials of outdoor recreation did not violate the Eighth Amendment and that Tims failed to establish protected First Amendment activity supporting his retaliation claim. The case was dismissed.

Holdings

1. Consecutive short-term denials of outdoor recreation imposed for repeated noncompliance with prison rules did not violate the Eighth Amendment on the undisputed facts, because no reasonable jury could find that defendants acted with deliberate indifference to an excessive risk to Tims's health or safety.
2. Tims failed to establish a First Amendment retaliation claim because he presented no evidence that he engaged in protected First Amendment activity before Sergeant Plate issued the conduct report, and he could not introduce a new factual basis for retaliation at summary judgment.

Questions Presented

1. Whether defendants violated the Eighth Amendment by denying Tims outdoor recreation for consecutive one-week periods over approximately one year based on noncompliance with prison standing-count and cell-front requirements.
2. Whether Tims established a First Amendment retaliation claim based on Sergeant Plate's issuance of a conduct report.
3. Whether defendants were entitled to summary judgment on the claims.

Disposition

dismissed