United States District Court, E.D. Wisconsin
DECISION AND ORDER
ADELMAN District Judge
Kristopher Torgerson, a Wisconsin state prisoner who is
representing himself, filed a civil rights action under 42
U.S.C. § 1983, alleging that defendants violated his
First and Eighth Amendment rights at the Waupun Correctional
Institution. This matter comes before me on plaintiff's
motion for leave to proceed without prepayment of the filing
fee (ECF No. 2) and for screening of the complaint (ECF No.
to Proceed without Prepayment of the Filing Fee
Prison Litigation Reform Act (“PLRA”) applies to
this action because plaintiff was incarcerated when he filed
this complaint. 28 U.S.C. § 1915. The law allows inmates
to proceed with their lawsuits in federal court without
pre-paying the $350 filing fee. Id. The inmate must
comply with certain requirements, one of which is to pay an
initial partial filing fee. Id.
October 26, 2016, I assessed an initial partial filing fee of
$11.87. (ECF No. 5). Plaintiff paid that amount on November
9, 2016. Therefore, I will grant plaintiff's motion to
proceed without prepayment of the filing fee.
of the Complaint
PLRA requires me to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. 28 U.S.C. § 1915A(a).
I may dismiss an action or portion thereof if the claims
alleged are “frivolous or malicious, ” fail to
state a claim upon which relief may be granted, or seek
monetary relief from a defendant who is immune from such
relief. 28 U.S.C. § 1915(e)(2)(B).
state a claim under the federal notice pleading system,
plaintiff must provide me with a “short and plain
statement of the claim showing that [he] is entitled to
relief[.]” Fed.R.Civ.P. 8(a)(2). The complaint need not
plead specific facts, and need only provide “fair
notice of what the . . . claim is and the grounds upon which
it rests.” Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355
U.S. 41, 47 (1957)). “Labels and conclusions” or
a “formulaic recitation of the elements of a cause of
action” will not do. Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at
factual content of the complaint must allow me to “draw
the reasonable inference that the defendant is liable for the
misconduct alleged.” Id. Allegations must
“raise a right to relief above the speculative
level.” Twombly, 550 U.S. at 555. Factual
allegations, when accepted as true, must state a claim that
is “plausible on its face.” Iqbal, 556
U.S. at 678.
follow the two-step analysis set forth in Twobly to
determine whether a complaint states a claim. Id. at
679. First, I determine whether the plaintiff's legal
conclusions are supported by factual allegations.
Id. Legal conclusions not support by facts
“are not entitled to the assumption of truth.”
Id. Second, I determine whether the well-pleaded
factual allegations “plausibly give rise to an
entitlement to relief.” Id. Pro se
allegations, “however inartfully pleaded, ” are
given a liberal construction. See Erickson v.
Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle v.
Gamble, 429 U.S. 97, 106 (1976)).
2014, plaintiff was confined at the Wisconsin Secure Program
Facility (“WSPF”). (ECF No. 1, at 2.) While
confined at WSPF, plaintiff was charged with a homicide based
on a 2012 statement given by Tyshun Meeks implicating
plaintiff in the crime. (Id.) Plaintiff received
discovery related to the homicide in March 2015, and he
learned that two inmates at WSPF had made statements relating
to the pending charges. (Id.) Plaintiff wrote to the
security office at WSPF requesting two Special Protection
Need (“SPN”) forms. (Id.) As a result of
plaintiff's SPN requests, plaintiff was placed in
Temporary Lock-Up (“TLU”) for his protection.
days later, plaintiff was transferred to Waupun Correctional
Institution (“WCI”). (Id.) Prison staff
at WCI assigned plaintiff to housing in the North Cell Hall
(“NCH”). (Id.) After the initial
“transition process” was complete, plaintiff
would be transferred to either the South Cell Hall
(“SCH”) or the Northwest Cell Hall
(“NWCH”) where all other inmates are housed.
wrote to Captain Jeremy Westra on April 15, 2015 requesting
two SPN forms. (Id.) He explained that Meeks and
Robert Reifschneider, a different inmate who was also
involved in the homicide, might also be confined at WCI.
(Id. at 2-3.) Plaintiff received the SPN forms on
April 16, 2015, and he filed the documents that same day
explaining that he feared for his safety given that Meeks and