govinfo:USCOURTS-wiwd-3_23-cv-00814-3

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF WISCONSIN 
  
 
BRIAN MAUS, 
 
Plaintiff, 
v. 
 
STEVEN RATSCH JR. and ERIN DUNAHAY, 
 
Defendants. 
ORDER 
 
23-cv-814-jdp 
 
 
Plaintiff Brian Maus, proceeding without co unsel, alleges that defendant Steven 
Ratsch Jr. falsely accused him of misconduct and that defendant Erin Dunahay disciplined him 
despite knowing he had not committed the infracti on, all in retaliation for Maus complaining 
about Ratsch profanely berating him regarding an interaction that Maus had with another staff 
member. Maus brings claims un der the First Amendment to the United States Constitution. 
Trial is set for Monday, August 3, 2026, at 9:00 a.m., and the court will hold a final pretrial 
conference on July 24, 2026, at 10:00 a.m. 
Maus moves for appointment of counsel to assist him with trial preparation and locating 
witnesses (he says that he will represent himself at trial). Dkt. 56. Alternatively he asks to strike 
the trial date and set a new schedule given his difficulties in preparing for trial. Dkt. 57.  
I will deny these motions. I have no authority to appoint Maus counsel in this civil case; 
I could only attempt to recruit counsel to serv e voluntarily. But volunteer attorneys are few, 
and the impediments that Maus discusses are commonplace among unrepresented litigants in 
this court. Incarcerated plaintiffs are routinely able to represent themselves at trial in this court. 
This court sets a trial date at the outset of ea ch case and will not move that date unless there 
Case: 3:23-cv-00814-jdp     Document #: 60     Filed: 06/12/26     Page 1 of 3
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is a compelling reason to do so. Maus should have been preparing his evidence and witnesses 
long ago; he hasn’t provided a good reason to strike the trial date.  
The preliminary pretrial conference was set to  be held in person. But Maus states that 
he is now in custody at the Langlade County Jail. Based on my review  of Wisconsin online 
court records, it seems likely that Maus will remain in pretrial custody for the remainder of this 
case’s schedule. This introduces some logistical hurdles. I had planned on holding the July 24 
pretrial conference in person, but I will change that to one held by videoconference. I will also 
have the clerk of court issue a writ of habeas corpus ad testificandum for Maus’s appearance in 
person at trial.  
Maus also asks to be sent various jury inst ructions. Dkt. 58. I will have the clerk send 
him another copy of the court’s attachments to its preliminary pretrial conference order, which 
contain the court’s standard instructions. I will also have the clerk send Maus a copy of Seventh 
Circuit civil instruction 6.03, regarding prisoner retaliation claims. Maus can rest assured that 
regardless what instructions he ul timately proposes or fails to  propose, I will craft jury 
instructions resembling those commonly used in prisoner cases in this court.   
ORDER 
IT IS ORDERED that: 
1. Plaintiff’s motions for recruitment of counsel and to strike the schedule, Dkt. 56 
and Dkt. 57, are DENIED.  
2. The schedule is AMENDED: the July 24, 2026 final pretrial conference will be 
held by videoconference.  
3. The clerk of court is directed to issue a writ of habeas corpus ad testificandum 
for the attendance of plaintiff Brian Maus at trial beginning on August 3, 2026. 
Maus should arrive at the courthouse no later than 8:00 a.m. on the first day of 
trial, and no later than a half hour before the start of any following trial day. 
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4. The clerk of court is directed to contact the Langlade County jail to arrange for 
Maus’s participation at the final pretrial conference and his appearance in person 
at trial. 
5. Plaintiff’s motion for jury instructions, Dkt. 58, is GRANTED.  
6. The clerk of court is directed to send Maus a copy of the attachments to the 
preliminary pretrial conference order and a copy of Seventh Circuit civil 
instruction 6.03. 
Entered June 12, 2026. 
BY THE COURT: 
 
      / s /  
      ________________________________________ 
      J A M E S  D .  P E T E R S O N  
      D i s t r i c t  J u d g e  
     
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