David R. Kauffman v. United States District Court for the Western District of Pennsylvania

On October 3,2023, Petitioner David Ryan Kauffman (“Mr. Kauffman”) filed a civil action under 42 U.S.C. § 1983 in the United States District Court for the Western District of Pennsylvania against the Corrections Defendants and Psychiatry Defendants, alleging physical and sexual abuse, retaliation, torture tactics (involving deprivation of water), interferences with legal mail, denial of medical care, and indefinite solitary confinement in the Pennsylvania Department of Corrections—in violation of the First Amendment, Fourth Amendment, Eighth Amendment, and Fourteenth Amendment to the United States Constitution (See Complaint in Case No. 3:23-cv-239). To date 22 months have elapsed since the filing of that civil action, and the district court has refused to schedule a jury trial or discovery period under Rule 16, Fed. R. Civ. P., without providing good cause or any reason whatsoever for this 22-month delay, other than that Mr. Kauffman’s request for a Rule 16 Scheduling Order is “meaningless.” (App. at la). In the meantime, Magistrate Judge Keith Pesto has recommended dismissal of cognizable retaliation claims in this case on the grounds that Mr. Kauffman’s engagement in Constitutionally protected conduct was “blackmail” that the defendants could “resist” by denying Mr. Kauffman necessary medical care. (App. at 7a). In this case, the district court thus far has disregarded almost every relevant Federal Rule of Civil Procedure, including Mr. Kauffman’s right to file an amended complaint under Rule 15, Fed. R. Civ. P. (App. at 8a-lla). Mr. Kauffman then filed a petition for a writ of mandamus in the Third Circuit Court