United States District Court, E.D. Wisconsin
ADELMAN, UNITED STATES DISTRICT JUDGE
Tyrone Curlee, a state prisoner who is representing himself,
filed a complaint under 42 U.S.C. § 1983 alleging that
defendants violated his constitutional rights by denying him
adequate medical care. Docket No. 1. He also filed a motion
for leave to proceed without prepayment of the filing fee.
Docket No. 2.
case was originally assigned to U.S. Magistrate Judge Duffin.
However, because not all parties have had the opportunity to
consent to magistrate judge jurisdiction, the case was
reassigned to a District Judge for screening.
has been assessed and paid an initial partial filing fee of
$20.50. See 28 U.S.C. § 1915(b)(1). Therefore,
I will grant his motion to proceed without prepayment of the
to plaintiff's complaint, I am 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). I 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).
state a cognizable claim under the federal notice pleading
system, 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). It is not necessary
for plaintiff to 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  plaintiff
pleads factual content that allows the court to draw the
reasonable inference that  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, I 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,
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 caused by defendants acting under the
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). I am obliged to give pro
se plaintiff's 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)).
times relevant, plaintiff was housed in, and defendants were
employed or conducted business with, the Winnebago County
Jail. Plaintiff alleges that in June 2016 he suffered a
serious knee injury and underwent surgery. Around September
14, 2016, plaintiff submitted a health services request form
(HSU form) noting that he did not receive bags of ice two
times daily, as needed, for his knee and ankle as prescribed
for September 9-11, 2016. He stated that his knee and ankle
were “severely swollen and in pain” and that
“he shouldn't have to continue writing for proper
pain medication, and ice.” Docket No. 1, ¶¶
22-23. Plaintiff states that Defendant APNP Katrina's
response to the request was that “she had ordered ice
twice daily for two weeks, that even if it came as a bag of
water, just use it, it's better than nothing.”
Id., ¶ 24.
September 28, 2016, plaintiff submitted an HSU form
complaining of burning in his knee. Plaintiff states that
Katrina's response to this request was “you are
using ice, and taking ibuprofen, has your pain changed? Is it
worse or different than on September 14, 2016?”
Id., ¶ 25.
September 29, 2016, plaintiff submitted an HSU form asking to
be seen by a nurse for his knee. Plaintiff states that the
October 14, 2016, plaintiff submitted an HSU form asking
“if he could continue to receive ice, as needed two
times daily, as it was what was keeping the pain down.”
Id., ¶ 27. Plaintiff states that defendant RN
Carrie responded that “Dr. Shapiro did not give any new
orders or any follow-up instructions; that the ice [was] for
his recent injuries here in the jail; that Dr. Shapiro did
not send anything back with plaintiff stating any new
complications.” Id., ¶ 28. Plaintiff
notes that the response was signed by Katrina.
October 14, 2016, plaintiff sent an HSU form for renewal of
his ice and information on his upcoming medications.
Plaintiff states that Defendant RN Beverly responded on
October 20, 2016, that “funds are being deducted the
day you are seen, that when meds are ordered and they come
in, you're charged at that time.” Id.,
¶ 29. He asserts that she also stated she renewed