United States District Court, E.D. Wisconsin
JACOB M. PLISKA, Plaintiff,
SHAWANO COUNTY JAIL, MD KEN ANOLIGO, CO PATTI, CHRIS REKOSKE, TYLOR RICH, AND ODESSO CLAY, Defendants.
JOSEPH UNITED STATES MAGISTRATE JUDGE
M. Pliska, who is representing himself, is confined at the
Shawano County Jail. This matter is before me to screen the
second amended complaint.
of Review for Screening Second Amended Complaint
Court shall 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, Pliska 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). Pliska need not plead
specific facts and his statement need only “give the
defendant fair notice of what the . . . claim is and the
grounds upon which it rests.” Bell Atlantic Corp.
v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley
v. Gibson, 355 U.S. 41, 47 (1957)). However, a complaint
that offers mere “labels and conclusions” or a
“formulaic recitation of the elements of a cause of
action will not do.” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at
555). To state a claim, a complaint must contain sufficient
factual matter, accepted as true, “that is plausible on
its face.” Id. (quoting Twombly, 550
U.S. at 570). “A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Id. (citing
Twombly, 550 U.S. at 556). The complaint's
allegations “must be enough to raise a right to relief
above the speculative level.” Twombly, 550
U.S. at 555 (citation omitted).
considering whether a complaint states a claim, courts should
follow the principles set forth in Twombly by first,
“identifying pleadings that, because they are no more
than conclusions, are not entitled to the assumption of
truth.” Iqbal, 556 U.S. at 679. Legal
conclusions must be supported by factual allegations.
Id. If there are well-pleaded factual allegations,
the court must, second, “assume their veracity and then
determine whether they plausibly give rise to an entitlement
to relief.” Id.
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 Pliska'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,
Amended Complaint's Allegations
2, 2017, Pliska was “on the run” when around
10:30, defendant Chris Rekoske and two other Shawano deputies
dispatched to an “em1 situation.” (ECF No. 15 at
2.) During a struggle to get handcuffs on his wrist, Pliska
began to have a seizure when the deputy decentralized him.
Later, a deputy put a shoe in Pliska's mouth to protect
his head from the ground.
18, 2017, while at the Shawano County Jail, Pliska had
another inmate hit the emergency intercom for him. Jail staff
had placed Pliska in a receiving cell to be monitored with a
roll of toilet paper contaminated with someone else's
blood. Pliska struggled to hit the button but then he fell
and could not move or talk. He laid in a puddle of drool and
urine for close to an hour before he received new linen.
19, 2017, Pliska asked for a new roll of “TP”
from defendant CO Patti. She gave him a new roll, but only
after he asked again.
21, 2017, Pliska had a seizure while in the C pod. Jail staff
told him to stop “faking.” Pliska was not placed
in a receiving cell or in the restraint chair.
August 27, 2017, defendant Nurse Tylor Rich denied Pliska his
medication because Pliska wrote him a note revoking