United States District Court, W.D. Wisconsin
TY A. HANSON, Plaintiff,
KEVIN OTROWSKI, MARATHON COUNTY JAIL STAFF, NURSES, and SUPERVISOR, Defendants.
OPINION & ORDER
D. PETERSON DISTRICT JUDGE.
Ty A. Hanson, a prisoner at the Stanley Correctional
Institution, has filed this proposed lawsuit in which he
alleges that when he was taken into custody, he was not
treated properly for injuries he suffered in a car accident.
Plaintiff has paid an initial partial payment of the filing
fee for this lawsuit, as previously directed by the court.
next step in this case is to screen plaintiff complaint. In
doing so, I must dismiss any portion that is legally
frivolous, malicious, fails to state a claim upon which
relief may be granted, or asks for money damages from a
defendant who by law cannot be sued for money damages. 28
U.S.C. §§ 1915 and 1915A. Because plaintiff is a
pro se litigant, I must read his allegations generously.
Haines v. Kerner, 404 U.S. 519, 521 (1972) (per
reviewing plaintiff’s complaint with these principles
in mind, I conclude that it must be dismissed for failure to
satisfy the pleading standards of Federal Rule of Civil
Procedure 8. I will give plaintiff an opportunity to correct
2013, plaintiff was in a motor vehicle accident in which he
rolled his van several times. Plaintiff was detained
“[due] to the crash and a probation warrant in Lincoln
County.” As plaintiff was being placed into the
“transport car, ” he told the officers that he
was having pain in his back and shoulder. He was handcuffed
with his hands behind his back even though it caused him
pain. He asked to be switched to being cuffed with his hands
in front, and to be taken to the hospital, but those requests
were denied. The officers told plaintiff that if he was
really hurt, it would be dealt with at the jail.
plaintiff arrived at the jail (I infer that plaintiff was
taken to the Marathon County Jail), plaintiff told staff that
he was in an accident and needed to go to the hospital.
Plaintiff was told that “they’ll get to me,
” but plaintiff spent a day in a holding cell and then
five days in general population without any attention.
Plaintiff submitted “nurse requests” but they
was taken to Lincoln County, where he again told
“them” about his accident and pain, but he was
told that “if it was serious enough they would [have
dealt] with it at the scene.” Plaintiff states that he
wants defendants to pay for his future medical expenses and
to be evaluated by a doctor.
plaintiff to be saying that defendants failed to properly
treat his injuries following his car accident. But his
allegations are too vague to support claims at this point.
Federal Rule of Civil Procedure 8(a)(2) requires a complaint
to include “a short and plain statement of the claim
showing that the pleader is entitled to relief.” Under
Rule 8(d), “each allegation must be simple, concise,
and direct.” The primary purpose of these rules is fair
notice. A complaint “must be presented with
intelligibility sufficient for a court or opposing party to
understand whether a valid claim is alleged and if so what it
is.” Vicom, Inc. v. Harbridge Merchant
Serv’s, Inc., 20 F.3d 771, 775 (7th Cir. 1994).
dismiss plaintiff’s complaint because his allegations
do not comply with these rules. In particular, he does not
explain what each of the named defendants did to violate his
rights. For instance, he names Kevin Otrowski, a lieutenant
of the Rothschild, Wisconsin Police Department, as a
defendant, but does not explain how he was involved in the
events discussed in the complaint. Plaintiff also fails to
explain how he was harmed by the failure to see a doctor; he
does not explain whether he needlessly suffered pain, whether
he was injured in some way from the lack of treatment, or
whether his injuries healed improperly.
give plaintiff a short time to file an amended complaint that
explains the basis for his claims. He should draft his
amended complaint as if he were telling a story to people who
know nothing about his situation. In particular, plaintiff
should state (1) how each of the named defendants was
involved in the events discussed in the complaint; (2) and
how he was injured by each defendant’s actions. If
plaintiff does not submit an amended complaint by the
deadline set forth below, I will dismiss the case for
plaintiff’s failure to state a claim upon which relief
may be granted.