Torgerson, Kristopher v. District Attorney Information Technology (DAIT) et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KRISTOPHER PAUL TORGERSON,
Plaintiff,
v.
DIST. ATT’T INFO. TECH., WIS. DEP’T ADMIN.,
KATHY BLUMENFELD, STEVE VAN DER WEIDE,
WIS. DIST. ATT’YS ASSOC., KYLE MAYO,
THERESA WETZSTEON, MARATHON CNTY.,
WIS., RICHARD J. DUFOUR, DEVRA AYALA, WIS.
DEP’T OF JUSTICE, JUDGE GREGORY HUBER,
JUDGE GREGORY J. STRASSER, JENNIFER HOLZ,
CITY OF WAUSAU, MARATHON CNTY. SHERIFF’S
OFFICE, STATE PUB. DEFENDER’S OFFICE, and
JOHN DOES 1–10.
Defendants.
ORDER
26-cv-144-jdp
Plaintiff Kristopher Paul Torgerson, who’s representing himself, seeks relief under 42
U.S.C. § 1983. This order provides Torgerson guidance on how to properly submit his claims
for this court’s review.
This court provides prisoners seeking to file suit a prisoner complaint package that
includes a complaint form and instructions on filing a prisoner complaint in federal court. Filing
a complaint on the form is not mandatory in every prisoner case, but the court has discretion
to order prisoners to use the form when it promises to help them articulate their claims and to
promote judicial economy. See A. Bauer Mech., Inc. v. Joint Arb. Bd. of Plumbing Contractors’ Ass’s
& Chi. Journeymen Plumbers’ Loc. Union 130, U.A., 562 F.3d 784, 790 (7th Cir. 2009) (courts
have broad discretion to enforce local practices that enable a district court to manage its docket
as efficiently as possible).
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Torgerson’s complaint, which includes a supporting legal memorandum, runs 35 pages.
As drafted, the complaint is excessively long and argumentative, and it contains many
redundant and immaterial allegations. The court will not parse the complaint to attempt to
discern the facts supporting a potentially plausible claim because that would unduly strain the
court’s resources and divert it from its role as a neutral decisionmaker. The court must construe
Torgerson’s allegations generously, but it cannot construct his claims for him.
Instead, the court will require Torgerson to file an amended complaint, using the
prisoner complaint form, to more carefully articulate the facts supporting his claims. Once the
court has received the amended complaint, it will be screened.
The court will send Torgerson a copy of the prisoner complaint form along with this
order. Torgerson may include supplemental pages with the form if he needs more space to
allege facts supporting his claims, but he may provide no more than five (5) supplemental
pages. Any handwritten or typewritten text on the form or any supplemental page must be
large enough and have enough spacing between the lines and in the margins for the court to
read 	it 	easily. 	For 	reference, 	Torgerson’s 	complaint 	meets 	the 	spacing 	and 	text 	size
requirements.
In drafting the amended complaint, Torgerson should be mindful that, to state a claim
for relief, a pleading need only contain “a short and plain statement of the claim showing that
[he] is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Torgerson’s allegations must be “simple,
concise, and direct.” Fed. R. Civ. P. 8(d). Torgerson should state his allegations in numbered
paragraphs, 	“each 	limited 	as 	far 	as 	practicable 	to 	a 	single 	set 	of 	circumstances.”
Fed. R. Civ. P. 10(b). Torgerson should identify his claims in this manner and omit any legal
arguments.
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Torgerson should carefully consider whether he is naming proper defendants, which
means that he should omit defendants who did not personally participate in, or otherwise
cause, a violation of his rights. Torgerson must explain what each defendant did, or failed to
do, to violate his rights. Torgerson should avoid referring to defendants collectively. Torgerson
also should identify by full name in the case caption of the amended complaint every one of
the defendants.
ORDER
IT IS ORDERED that:
1. 	Plaintiff Kristopher Paul Torgerson has until April 27, 2026 to file an amended
complaint in accordance with the instructions provided in this order.
2. 	The amended complaint will act as a complete substitute for the complaint. This
case will proceed on only the allegations made and claims presented in the amended
complaint, and against only the defendants specifically named in the amended
complaint’s caption.
3. 	If plaintiff fails to comply with this order, the court may dismiss the case.
4. 	The clerk of court is directed to send plaintiff a copy of the court’s prisoner
complaint form.
Entered March 25, 2026.
BY THE COURT:
/s/
________________________________________
ANITA MARIE BOOR
Magistrate Judge
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