United States District Court, E.D. Wisconsin
WILLIAM E. DUFFIN, U.S. Magistrate Judge
Shavontae Daniels, a state prisoner who is representing
himself, filed a complaint under 42 U.S.C. § 1983
alleging that his constitutional rights have been violated.
Not all parties have had the opportunity to fully consent to
magistrate judge jurisdiction under 28 U.S.C. § 636(c).
Nonetheless, the court has jurisdiction to screen the
complaint pursuant to the Wisconsin Department of
Justice's limited consent to the exercise of magistrate
judge jurisdiction as set forth in the Memorandum of
Understanding between the Wisconsin Department of Justice and
this court. The court will also address Daniels's other
motions, including for leave to proceed without prepayment of
the filing fee, motions to dismiss, and a motion to
amend/correct his complaint.
for Leave to Proceed without Prepayment of the Filing
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 6, 2017, the court ordered Daniel to pay an
initial partial filing fee of $1.92. Daniels paid that fee on
January 29, 2018. Accordingly, the court will grant
Daniels'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.
Additionally, Daniels's second motion to proceed without
the prepayment of the filing fee (ECF No. 16) is denied as
to Amend or Correct Complaint
asks that the court allow him to amend his complaint to
correct a date. Specifically, he asks to change October 16,
2017, listed on page two of his complaint, to October 2,
2017. (ECF No. 15.) The court grants his motion, and will
read the complaint to reflect his requested change.
of the Complaint
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. §
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).
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)).
is incarcerated at Waupun Correctional Institution. He
alleges that on October 2, 2017, he was housed in the
segregation housing unit. He pressed his emergency call
button and notified staff that he “was suicidal and
engaging in self- harm.” (ECF No. 1 at 2.) Defendant
C.O. Pohl responded to Daniels's cell, looked in and then
walked away. According to Daniels, C.O. Pohl knew that he was
on a behavioral management plan put in place by Psychological
Services (PSU), which states that Daniels must be placed into
observation and PSU notified anytime Daniels expresses
suicidal ideation or makes threats of self-harm. From 1:15 to
2:30 p.m. Daniels engaged in self-harm and staff did nothing
despite being aware. He continued to cut himself, using a
razor (staff were also aware of this).
p.m. defendant C.O. Travason reported to Daniels's cell
to “pull [him] out so [his] call button could be
fixed.” (Id. at 3.) Daniels showed C.O.
Travason the blood on his arm, and she got on her walkie
talkie to call for help. Defendant Sergeant Klemors
responded, pulled Daniels out of his cell after having him
wash some of the blood off, and placed Daniels in a shower
stall. Sergeant Klemors put Daniels back in his cell 20
minutes later and walked away. Daniels continued to engage in
self-harm for the rest of the night while staff ignored him.
Later, defendant Captain Tritt stated that he observed
Daniels on camera picking at his arm after pressing the call
seeks monetary damages and asks that Waupun be investigated
for ignoring ...