United States District Court, W.D. Wisconsin
EDWARD L. POLLARD, Plaintiff,
BRIANNA J. KRAFT, SANDRA DU IVES, M.D. ROBERT DRUKER and M.D. SMITH, Defendants.
OPINION AND ORDER
BARBARA B. CRABB, District Judge
plaintiff Edward Pollard is incarcerated at the Kettle
Moraine Correctional Institution. He filed this proposed
civil action under 42 U.S.C. § 1983, contending that
staff at the institution and the Marathon County jail
violated his constitutional rights by failing to provide him
adequate medical treatment for his mental illness. He also
has filed a document, which although unclear, seems to be a
request for assistance in recruiting counsel. Dkt. #6.
plaintiff is incarcerated, his complaint must be screened
under 28 U.S.C. § 1915A. After reviewing the complaint,
I conclude that plaintiff may not proceed on any claim at
this time because his complaint is too vague to satisfy the
pleading requirements of Federal Rule of Civil Procedure 8.
Therefore, I am dismissing his complaint and giving him an
opportunity to file an amended complaint that explains his
claims more clearly. Plaintiff's motion for assistance in
recruiting counsel will be dismissed without prejudice.
Federal Rule of Civil Procedure 8(a)(2), plaintiff is
required to provide fair notice of his claims to each
defendant and set out claims that are plausible on their
face. Appert v. Morgan Stanley Dean Witter, Inc.,
673 F.3d 609, 622 (7th Cir. 2012); Bausch v. Stryker
Corp., 630 F.3d 546, 559 (7th Cir. 2010).
Plaintiff's allegations fail to comply with this standard
because they are too confusing and vague to be understood.
Although he says the defendants did not provide him with
prompt, adequate health care (including prescription
medication) for a serious mental health condition, he does
not explain his condition, provide any details about it, or
say what treatment or medication he should have received but
did not. Moreover, he does not say why he believes the
treatment was not prompt, how the lack of treatment affected
him or why he believes the treatment or lack of treatment
violated his rights. Finally, he does not explain
specifically what action each individual defendant took that
violated his constitutional rights.
I am dismissing plaintiff's complaint, I will give him an
opportunity to file an amended complaint that gives fair
notice to defendants of the claims he is asserting against
them. Plaintiff should draft the amended complaint as if he
were telling a story to people who know nothing about his
situation. This means that someone reading the complaint
should be able to answer the following questions:
(1) What is plaintiff's mental health condition?
(2) What treatment has he received for his mental illness,
who provided it and when?
(3) Why does he believe defendants violated his rights with
respect to treatment of his mental illness?
(4) What did each individual defendant do that makes him or
her responsible for failing to treat plaintiff's mental
(5) How does he think the court can help him?
should take care to identify the specific actions taken by
each individual defendant that he believes violated his
rights. He should set forth his allegations in separate,
numbered paragraphs using short and plain statements. After
he finishes drafting his complaint, he should review the
complaint and consider whether it could be understood by
someone who does not know anything about the facts of his
case. If not, he should rewrite it so that a reader may
understand what his suit is about.
states that he received inadequate medical care occurred
during numerous discharges from jail and in various state
correctional and county jail settings. He also has sued both
state and county employees. Plaintiff should be aware that
Fed.R.Civ.P. 20 does not allow a plaintiff to set out
unrelated claims against different defendants or sets of
defendants in the same lawsuit. Plaintiff may not include
more than one defendant in a single action unless the
plaintiff: (1) asserts at least one claim to relief against
each defendant that arises out of the same transaction or
occurrence or series of transactions or occurrences; and (2)
presents questions of law or fact that apply to all.
George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).
“To be precise: a plaintiff may put in one complaint
every claim of any kind against a single defendant, per Rule
18(a), but a complaint may present claim #1 against Defendant
A, and claim #2 against Defendant B, only if both claims
arise ‘out of the same transaction, occurrence, or
series of transactions or occurrences.'”
Wheeler v. Wexford Health Sources, Inc., 689 F.3d
680, 683 (7th Cir. 2012). Unrelated claims either must be
dismissed or brought in separate lawsuits. Plaintiff should
be aware that he will be required to pay a separate filing
fee for any additional lawsuit that he wishes to file.
plaintiff submits an amended complaint by the deadline set
forth below, I will review it. If he does not submit an
amended complaint or show good cause why he is unable to do
so, I will dismiss the case because ...