United States District Court, E.D. Wisconsin
JEREMY M. BLANK, Plaintiff,
KENECHI ANULIGO, et al., Defendants.
JOSEPH UNITED STATES MAGISTRATE JUDGE
M. Blank, a Wisconsin state prisoner who is representing
himself, filed a complaint under 42 U.S.C. § 1983,
alleging that the defendants violated his constitutional
rights at the Winnebago County Jail (“WCJ”). This
matter comes before me for screening of the amended
complaint. (Docket #11).
Screening of the Amended Complaint
Prison Litigation Reform Act (“PLRA”) applies to
this case because Blank was incarcerated when he filed his
complaint. 28 U.S.C. §1915. The PLRA requires me 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). I must dismiss
part or all of a complaint if it raises claims that are
legally “frivolous or malicious, ” fail to state
a claim upon which relief may be granted, or seek monetary
relief from a defendant who is immune from such relief. 28
state a claim under the federal notice pleading system,
plaintiff must provide a "short and plain statement of
the claim showing that [he] is entitled to relief[.]"
Fed.R.Civ.P. 8(a)(2). The complaint need not plead specific
facts, and need only provide "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)). “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
factual content of the complaint must allow me to “draw
the reasonable inference that the defendant is liable for the
misconduct alleged." Id. Allegations must
“raise a right to relief above the speculative
level." Twombly, 550 U.S. at 555. Factual
allegations, when accepted as true, must state a claim that
is “plausible on its face.” Iqbal, 556
U.S. at 678.
follow the two-step analysis set forth in Twombly to
determine whether a complaint states a claim. Id. at
679. First, I determine whether the plaintiff's legal
conclusions are supported by factual allegations.
Id. Legal conclusions not support by facts
“are not entitled to the assumption of truth."
Id. Second, I determine whether the well-pleaded
factual allegations “plausibly give rise to an
entitlement to relief." Id. Pro se
allegations, “however inartfully pleaded, ” are
given a liberal construction. See Erickson v.
Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle v.
Gamble, 429 U.S. 97, 106 (1976)).
arrived at WCJ on December 2, 2017. (Docket # 11, ¶ 1).
Shortly after being booked, he noticed “a mysterious
growth on his neck/throat and that his lymph nodes were
swollen.” (Id., ¶ 2). The growth
“ballooned to the size (approximately) of a golf
ball.” (Id., ¶ 4). Blank complained about
the growth during an appointment with the Health Services
Unit (“HSU”) on December 14, 2017, and Nurse
Amanda (not a defendant) told him that she would put him on
the list to see a doctor. (Id., ¶¶ 3, 5).
next day, on December 15, 2017, Blank told a correctional
officer (not a defendant) that he needed immediate medical
care because he was having difficulty breathing and was in
excruciating pain. (Id., ¶ 6). The correctional
officer contacted Doctor Kenechi Anuligo by telephone, and
Anuligo stated over the phone that it sounded like a
“muscle of joint type issue.” (Id.,
¶¶ 7-8). Anuligo authorized jail staff to
administer two Aspirin. (Id., ¶ 8).
explains that the Aspirin never relieved his pain.
(Id., ¶¶ 10-11). He continued to suffer in
excruciating pain and have difficulty swallowing, talking,
and moving his head. (Id., ¶ 11). Blank asked
to see HSU for an appointment several times but jail staff
told him that he would be seen by a doctor in the week to
come. (Id., ¶¶ 12-15).
after that, on December 16, 2017, Blank submitted an HSU slip
for medical care and an “inmate request” seeking
an inmate grievance form. (Id., ¶¶ 16-17).
Sergeant Manthey responded to his request for a grievance
form by stating “[y]ou were provided with medical
attention on 3rd shift via the on call nurse and
doctor. You are not being denied medical care, you just
disagree on the course of action that was taken. Your request
is denied.” (Id., ¶ 18).
in early January 2018, jail staff sent Blank to an Ear, Nose,
and Throat (“ENT”) specialist, and his growth had
to be drained with a syringe and “packed” to
allow it to continue to drain. (Id., ¶ 19). The
Department of Corrections (“DOC”) then
transferred Blank to the Dodge Correctional Institution
(“DCI”), where he got a CT of the affected area,
went to an ENT consultation, ...