Searching over 5,500,000 cases.

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.

Mora-Guerra v. Kenosha County Detention Center Medical Staff

United States District Court, E.D. Wisconsin

February 27, 2018




         Plaintiff Fidel Mora-Guerra, who is representing himself, filed a complaint under 42 U.S.C. § 1983 alleging that his constitutional rights are being violated. He also filed a motion for leave to proceed without prepayment of the filing fee. This order resolves that motion and screens his complaint.

         Motion for Leave to Proceed without Prepayment of the Filing Fee

         The Prison Litigation Reform Act (PLRA) 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 December 1, 2017, the court ordered Mora- Guerra to pay an initial partial filing fee of $40.41. Mora-Guerra paid that fee on December 11, 2017. Accordingly, the court will grant Mora-Guerra's motion to proceed without prepayment of the filing fee. He must pay the remainder of the filing fee over time in the manner explained at the end of this order.

         Screening of the Complaint

         The 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. § 1915A(b).

         To 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).

         The court is obliged to give a 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)).

         The Complaint's Allegations

         Mora-Guerra is currently in Immigration and Customs Enforcement (ICE) custody at the Kenosha County Detention Center (KCDC). He has nerve damage in his left arm due to a "traumatic brachial plexus injury."

         Before his confinement at the KCDC, Mora-Guerra was briefly confined at the Kenosha County Jail. He alleges that on September 9, 2017, while confined at the jail, he put in a request to see "medical" and was taken to see the nurse. Mora-Guerra took a paper from his doctor to show it to the nurse. When the nurse read the letter, she told Mora-Guerra that the letter was outdated and denied him medication. He was unable to sleep due to the pain in his arm.

         Mora-Guerra alleges that on September 22, 2017, defendant CO. John Doe told him to pack up his things because he was being transferred to KCDC. The next day he put in a request to see the doctor because of the pain he was experiencing. Having received no response, he went on a food strike. Eventually, he went to a correctional officer and told him that he was experiencing a lot of pain. After telling Mora-Guerra he would have to wait for the "medical call" to take him "there" (presumably to see the nurse), the correctional officer called the "medical clinic" and the nurse brought Mora- Guerra two ibuprofen. The ibuprofen did not relieve his pain and Mora-Guerra still could not sleep.

         The next day, despite speaking with Sergeant Simpson (the supervisor of ICE inmates), Mora-Guerra still did not receive any medication. He was going on five days without sleep. On September 24, 2017, Mora-Guerra was again denied medication. He may have seen defendant NP Josephs, but that is not entirely clear from the complaint. Mora-Guerra was on the sixth day of his food strike. He kicked the door of his cell and told the correctional officer on duty, CO. Munoz, that he needed medication. Munoz called Sergeant Naef and Mora-Guerra was sent to segregation for three days. When Munoz returned to Mora-Guerra's cell, she saw that Mora-Guerra was on the floor of his cell seizing. A nurse arrived and two correctional officers helped place a blanket under Mora-Guerra's head and told him that he had to eat. He was given a Gatorade; the nurse and Naef told Mora-Guerra that they would help him. The help "never came."

         Mora-Guerra began eating the next day, September 25, 2017, when a nurse promised that she would get him medication. Mora-Guerra alleges that the medication the nurse gave him was "not strong enough to control the pain." Mora-Guerra begged ...

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.