Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kyles v. Liegeois

United States District Court, E.D. Wisconsin

October 27, 2017

ELLIOTT G. KYLES, Plaintiff,
v.
BEAU LIEGEOIS, and TIMOTHY A. HINKFUSS, Defendants.

         DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYMENT OF THE FILING FEE (DKT. NO. 2), DENYING AS MOOT MOTION FOR EXTENSION OF TIME (DKT. NO. 7), DENYING AS MOOT MOTION TO ADD PARTY (DKT. NO. 8), SCREENING THE COMPLAINT (DKT. NO. 1), AND DISMISSING CASE

          HON. PAMELA PEPPER UNITED STATES DISTRICT JUDGE

         The Prison Litigation Reform Act (PLRA) applies to this case because the plaintiff was incarcerated when he filed his complaint. 28 U.S.C. §1915. Under that law, the court must screen a plaintiff's complaint to determine whether the plaintiff states claims with which he may proceed. This decision will resolve the plaintiff's motion for leave to proceed without prepayment of the filing fee and screen the complaint.

         I. Motion for Leave to Proceed without Prepayment of the Filing Fee

         The PLRA allows a court to give an incarcerated plaintiff the ability to proceed with his lawsuit without prepaying the case filing fee, as long as he meets certain conditions. One of those conditions is that the plaintiff must pay an initial partial filing fee. 28 U.S.C. §1915(b).

         On August 10, 2017, the court ordered the plaintiff to pay an initial partial filing fee of $2.77 by August 31, 2017. Dkt. No. 4. On August 21, 2017, the plaintiff filed a motion asking for additional time to pay the fee. Dkt. No. 7. The plaintiff paid the fee on August 28, 2017, three days before the original deadline, so no extension of the deadline was necessary. The court will deny as moot the plaintiff's motion for an extension of time, and will grant his motion to proceed without prepayment of the filing fee. The court will order the plaintiff to pay the remainder of the filing fee over time in the manner explained at the end of this decision.

         II. Screening the Plaintiff's Complaint

         The law requires the court 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 if the plaintiff raises claims that are legally frivolous, 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. §1915A(b).

         A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Denton v. Hernandez, 504 U.S. 25, 31 (1992); Neitzke v. Williams, 490 U.S. 319, 325 (1989); Hutchinson ex rel. Baker v. Spink, 126 F.3d 895, 900 (7th Cir. 1997). The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

         A. The Plaintiff's Allegations

         The complaint indicates that the plaintiff objects to the State of Wisconsin's jurisdiction to bring a criminal case against him. Dkt. No. 1 at 3. He argues that, in order for a crime to exist, there must be an injured party; he argues that the State of Wisconsin cannot be that injured party because it is a sub-corporation of the United States. Id. at 3-4. He argues that defendant Beau G. Liegeois, the Assistant Brown County District Attorney who is prosecuting the case on behalf of the District Attorney's Office, committed fraud by charging him, and that defendant Timothy Hinkfuss, the Brown County Circuit Court judge who is presiding over the case, committed fraud by presiding over the criminal case. Id. at 4-6; see also, Wisconsin Court System Circuit Court Access, www.wcca.wicourts.gov, Brown County Case No. 2015CF1801.

         B. The Court's Analysis

         The online docket system for the Wisconsin Circuit Courts indicates that the plaintiff has been charged in Brown County Circuit Court with one count of possession with intent to distribute heroin, one count of possession with intent to distribute cocaine, one count of possession of narcotics with intent to deliver, and one count of being a felon in possession of a firearm. Wisconsin Court System Circuit Court Access, www.wcca.wicourts.gov, Brown County Case No. 2015CF1801. His trial is scheduled for November 8, 2017 at 8:15 a.m.

         The plaintiff's assertion that the State of Wisconsin is without authority to bring criminal charges against individuals is legally frivolous. Wisconsin Statutes §939.03(1) states that, “A person is subject to prosecution and punishment under the law of this state if . . . [t]he person commits a crime, any of the constituent elements of which takes place in the state.” Wis.Stat. §968.02(1) empowers district attorneys to file a complaint charging a person with an offense, and §967.05 makes clear that any powers or duties imposed upon district attorneys may be performed by their deputies or assistants. After a complaint is issued, §968.02(2) requires the district attorney to file the complaint with a judge, who either will issue a warrant or ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.