United States District Court, E.D. Wisconsin
DECISION AND ORDER
William C. Griesbach, Chief Judge United States District
Travis Delaney Williams, who is currently representing
himself, filed this action under 42 U.S.C. § 1983
alleging that his civil rights were violated while he was
incarcerated at the Kenosha County Detention Center (KCDC)
(also referred to by the parties as the Kenosha County Jail).
On September 10, 2015, U.S. District Court Judge Pamela
Pepper (the judge assigned to the case at that time) allowed
plaintiff to proceed on the following claims against
defendants Corporal James Parker, Sheriff David Beth, Officer
Mark Uelmen, and Sergeant Kurt Mikutis (the County
(1) A claim against Uelmen based on plaintiff's
allegations that he denied medications to plaintiff on
December 7, 2014, after plaintiff refused to sign a release
of responsibility form.
(2) A claim against Parker based on plaintiff's
allegations that he refused to acknowledge or respond to
plaintiff's complaints or grievances.
(3) A claim against Mikutis in his official capacity based on
plaintiff's allegations that there was no policy or
procedure for investigating officer misconduct.
(4) A claim against Beth in his official capacity based on
plaintiff's allegations of unconstitutional policies or
procedures regarding medical care, grievances, inmate
clothing, mattresses, cleanliness of cells and showers, food,
heat, ventilation, religious items, and other conditions of
confinement. ECF No. 12 at 12-19.
before the court is plaintiff's motion for summary
judgment, ECF No. 107, and the County Defendants' motion
for summary judgment, ECF No. 143. For the following reasons,
the court will grant the County Defendants' motion for
summary judgment and deny plaintiff's motion.
complaint relates to incidents that allegedly occurred
between October 2014, when plaintiff arrived at KCDC, and
December 2014, when plaintiff filed his federal lawsuit.
Plaintiff's Allegations against Defendant Uelmen
December 6, 2014, the KCDC doctor reduced plaintiff's
prescription for Ibuprofen from three times per day to two
times per day. ECF No. 127 ¶ 19. The next day, Uelmen
requested that plaintiff sign a release from medical
responsibility because plaintiff refused to have his blood
pressure and pulse taken. Id. at ¶ 13.
Plaintiff often refused to take his medications and to have
his blood pressure taken. Id. at ¶ 14.
Plaintiff refused to sign the form. Id. at ¶
asserts that he never intimidated or improperly pressured
plaintiff to have his blood pressure tested or to sign the
release of responsibility form, nor did he request that
anyone change plaintiff's medications after he refused to
sign the form. Id. at ¶¶ 15-16. Uelmen
explains that, as an officer, he has no role in deciding
which medications are given, how often they are given, or
what dosage is given; those determinations are made by
medical personnel. Id. at ¶ 17. Uelmen also
states that he was not aware that plaintiff was not given his
medications on December 7, 2014. Id. at ¶ 18.
Plaintiff's Allegations against Defendant Parker
alleges that Parker ignored the grievances he filed while at
KCDC. According to defendants, plaintiff filed only two
grievances, neither of which were relevant to plaintiff's
allegations against the County Defendants. ECF No. 127 ¶
9. Plaintiff disputes defendants' assertion; he explains
that he filed many grievances during that time, including
grievances that complained about the ...