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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
CRAIG THOMAS BATES, Plaintiff, v. HANNS FRIEDELL, NURSE JANE DOE, and DOCTOR JOHN DOE, Defendants, Case No. 10-C-0576

DECISION AND ORDER Plaintiff, Craig Thomas Bates, brought a pro se civil rights complaint regarding his arrest on April 2, 2010, and his subsequent medical care at the Racine County Jail. Now before me is defendant Hanns Freidel's motion for summary judgment. I. STANDARD OF REVIEW "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); Ames v. Home Depot U.S.A., Inc., 629 F.3d 665, 668 (7th Cir. 2011). "Material facts" are those under the applicable substantive law that "might affect the outcome of the suit." See Anderson, 477 U.S. at 248. A dispute over "material fact" is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: "(A) citing to particular parts of materials in the record, including depositions,

documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact." Fed. R. Civ. P. 56(c)(1). "An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated." Fed. R. Civ. P. 56(c)(4). II. FACTS Plaintiff Craig Thomas Bates is a state prisoner confined at the Racine Correctional Institution. Defendant Hanns Freidel is a police officer in the City of Racine. On April 2, 2010, at about 12:30 p.m., Officer Freidel and his partner, Officer M. Keland, who were both in full uniform and operating an unmarked police vehicle, were on patrol in the 1400 block of Erie Street in Racine, Wisconsin. The officers were in the area of 1431 Erie Street because they knew there were six active criminal arrest warrants out for plaintiff. Freidel had a picture of the plaintiff in the squad car. Freidel also knew that plaintiff used to live at that address and would occasionally return to the property. Approximately three weeks prior, Freidel had been told by the woman who lived at 1431 Erie Street that plaintiff would run from the police and fight with them. Plaintiff has submitted an affidavit from his wife averring that she never told officer Freidel or Keland that plaintiff was a fighter.

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As Freidel and Keland drove past 1431 Erie Street, Freidel noticed the garage door halfway open. Just as Freidel and Keland positioned their squad car to get a clear view of the garage, the garage door opened all the way and plaintiff exited the garage. Plaintiff took a few steps down the driveway and seemed to look directly at the unmarked police car. Plaintiff then turned and began walking toward the yard. Freidel pulled the squad car into a parking lot adjacent to the property. Keland yelled out her open window to plaintiff, "Police, come here." Plaintiff did not hear anyone yell police. Plaintiff looked back at the officers and then began running through the yard. The officers exited the squad car and yelled, "Stop, police." Plaintiff continued running through the yards. Again, plaintiff denies that he heard the officers yell. As plaintiff ran through yards, Freidel ran down Wisconsin Street. At some point, plaintiff and Freidel looked at each other and Freidel yelled, "Stop, police." Plaintiff turned around and ran back into a yard. Plaintiff climbed over five fences before Freidel caught up with him. Freidel caught up to plaintiff as plaintiff was attempting to get over another fence. Plaintiff knew Freidel was a police officer but continued to attempt to get away. Freidel then deployed his TASER one time for a five second cycle. Plaintiff was knocked unconscious and fell to the ground on the opposite side of the fence. Freidel climbed over the fence, and then stabilized and handcuffed plaintiff. According to plaintiff, Freidel jumped onto the back of plaintiff's legs and, being angry, continued to cause injury after becoming aware of plaintiff's prior injury.1 Defendant Freidel

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Plaintiff had previously been shot in his right knee with a shot gun, in the summer 3

of 1980.

jumped onto the back of plaintiff's legs, then kneeled into the back of plaintiff's knees, rendering plaintiff temporarily crippled. Plaintiff is still receiving treatment for that injury. Once plaintiff was handcuffed, Freidel stood up and radioed for other officers. Plaintiff was helped from the ground and the TASER probes were removed. According to Freidel, plaintiff refused medical attention, did not appear to be in distress or in need of medical attention, and then was walked to a squad car and transported to the Racine County Jail and turned over to jail staff. Plaintiff denies the first part and asserts that he was helped to the squad car because of an injury. Plaintiff complained about pain in his right knee when he was booked into the Racine County Jail. Plaintiff also asserts that he had complained prior to that too. The shift supervisor, Sergeant Gonzalez, asked a nurse practitioner to look at plaintiff's leg to see if he needed to see a doctor. After a visual exam, the nurse practitioner stated, "No, he'll be alright." (Plaintiff's Affidavit,

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