United States District Court, E.D. Wisconsin
JASON A. CRAWFORD, Plaintiff,
RACINE COUNTY JAIL, Defendant.
WILLIAM E. DUFFIN U.S. Magistrate Judge
Jason A. Crawford, who is representing himself, filed a
complaint under 42 U.S.C. § 1983, alleging that the
Racine County Jail violated his constitutional rights. This
order resolves Crawford's motion for leave to proceed
without prepayment of the filing fee and screens his
for Leave to Proceed without Prepayment of the Filing
Prison Litigation Reform Act gives courts discretion to allow
prisoners to proceed with their lawsuits without prepaying
the $350 filing fee, as long as they comply with certain
requirements. 28 U.S.C. § 1915. One of those
requirements is that they pay an initial partial filing fee.
On April 24, 2017, the court decided that Crawford lacks the
means to pay an initial partial filing fee, so the court
waived that requirement. The court will grant Crawford's
motion to proceed without prepayment of the filing fee. He
must pay the filing fee over time as explained at the end of
of the Complaint
court is required 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).
The court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are legally “frivolous
or malicious, ” that fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. §
state a cognizable claim under the federal notice pleading
system, a plaintiff is required to provide a “short and
plain statement of the claim showing that [he] is entitled to
relief[.]” Fed.R.Civ.P. 8(a)(2). To state a claim for
relief under 42 U.S.C. § 1983, a plaintiff must allege
that: 1) he was deprived of a right secured by the
Constitution or laws of the United States; and 2) the
deprivation was visited upon him by a person or persons
acting under color of state law. Buchanan-Moore v. County
of Milwaukee, 570 F.3d 824, 827 (7th Cir. 2009) (citing
Kramer v. Village of North Fond du Lac, 384 F.3d
856, 861 (7th Cir. 2004)); see also Gomez v. Toledo,
446 U.S. 635, 640 (1980).
court is obliged to give the plaintiff's pro se
allegations, “however inartfully pleaded, ” a
liberal construction. See Erickson v. Pardus, 551
U.S. 89, 94 (2007) (quoting Estelle v. Gamble, 429
U.S. 97, 106 (1976)).
alleges that on February 12, 2017, he was placed in a holding
cell with cold air blowing all day, which resulted in a sore
throat and constant shivering. Crawford also states that the
lights were never turned off, making it impossible for him to
after being placed in the holding cell, he was sent to the
hospital for a few days because of stomach issues. He
returned to the Jail and was placed in general population.
After about a week, Crawford (for unspecified reasons)
swallowed a pencil. Crawford told the Jail staff and was seen
by a nurse; he eventually was sent to the hospital for x-rays
and a CT scan. The hospital could not find the pencil so it
discharged him. Crawford insisted that he had swallowed a
pencil, but the Jail staff did not believe him.
was placed back in the holding cell on twenty-three hour
lockdown. As before, it was cold and the lights were
constantly on. Crawford states that he told the Jail staff
that he was claustrophobic and asked to be housed with people
or moved to the medical unit, but they refused to move him.
As a result of the stress, Crawford swallowed pieces of a
plastic spork. Crawford told the Jail staff, but they
didn't believe him at first. It took them five hours to
get him to the hospital.
hospital admitted Crawford in order to do a scope the next
morning, but he was taken into surgery in the middle of the
night because the surgeon said they could not wait. During
the surgery, the surgeon found the pencil. Crawford stayed in
the hospital for about a week and then was released back to
the Jail. The Jail staff placed Crawford back in the cold
holding cell instead of in the medical unit; he was placed on
begged to go to the medical unit, but his request was
refused. He then asked for materials to file a lawsuit.
Again, the Jail staff refused and instead gave him eighteen
days of discipline for defamation of ...