United States District Court, W.D. Wisconsin
ARQUINCY L. CARR, Plaintiff,
MELINDA DERUS, RANDY SCOTT, APRIL FUMOY, CHRIS BUESGEN, and LIZZIE TEGELS, Defendants.
OPINION AND ORDER
WILLIAM M. CONLEY DISTRICT JUDGE
se plaintiff ArQuincy L. Carr contends that prison staff
at the Jackson Correctional Institution violated his
constitutional rights in various ways. Because Carr is
incarcerated, his complaint must be screened under 28 U.S.C.
§ 1915A. While Carr filed multiple exhibits and an
amended complaint, most recently he filed a second amended
complaint that he explains should be the operative pleading
for purposes of screening. (Dkts. ##19, 20.) He has also
filed a motion to strike the exhibits he previously
submitted. (Dkt. #18.) These motions are granted, but after
reviewing the second amended complaint, the court concludes
that Carr may not proceed on any of his claims at this time.
While several of his claims must be dismissed as meritless,
Carr will be permitted to file a third amended complaint that
clarifies his remaining claims. For the reasons discussed
below, Carr's motion regarding ongoing retaliation (dkt.
#11) will also be denied.
At all times relevant to his complaint, plaintiff ArQuincy
Carr was confined at the Jackson Correctional Institution
(“JCI”), where all of the named defendants are
also employed. Defendant Lizzie Tegels is the warden;
Melinda Derus is a unit manager; Dunahay is a captain; and
John Doe is a correctional officer.
Complaint about Flies
about September 23, 2015, plaintiff wrote to defendant Derus
complaining about flies in the dorm area where he was housed.
Derus allegedly ignored his request, so he filed an inmate
complaint, which was unsuccessful. Defendant Tegels as warden
also wrote to Carr, stating (1) she supported dismissal of
his inmate complaint and (2) the best way to address the fly
situation was to keep the doors closed.
Access to Programming
Manager Derus is the facilitator of programming at JCI. Carr
requested access to T4C, but Derus denied his request,
informing Carr that he did not have a need for that program.
Carr showed his social worker Derus's response, and his
social worker informed Derus that Carr had a need for T4C,
but Derus persisted in denying Carr entry. Carr again filed a
complaint, but ICE dismissed it on the ground that his entry
into programming was based on his estimated release date.
a Muslim and informed defendant Dunahay in writing that he
was not receiving his Ramadan meals in a timely fashion. Carr
explains that receiving the meals in a timely fashion is
necessary to ensure that he can eat, wash, and brush his
teeth prior to the mandated prayer time. Carr states that
despite informing Dunahay of his need for a timely meal,
defendant John Doe still brought the meals at the wrong time.
28, 2015, Dunahay and Derus requested Carr's transfer
from JCI to WSPF. Carr claims that this transfer was in
retaliation for his grievances.
seeks to bring constitutional claims against defendants based
on his allegations concerning: (1) flies in the prison; (2)
inability to access treatment programs; and (3) the timing of
Ramadan meals. As discussed below, however, ...