Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Antepenko v. Wisconsin State Department of Children and Families Bureau of Child Support

United States District Court, E.D. Wisconsin

June 18, 2018

WILLIAM T. ANTEPENKO, JR., Plaintiff,
v.
WISCONSIN STATE DEPARTMENT OF CHILDREN AND FAMILIES BUREAU OF CHILD SUPPORT, BROWN COUNTY CHILD SUPPORT AGENCY, LISA VAN PAY, and JOHN AND JANE DOES, Defendants.

          DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYMENT OF THE FILING FEE (DKT. NO. 2), SCREENING THE COMPLAINT (DKT. NO. 1) AND DENYING MOTION FOR TEMPORARY RESTRAINING ORDER/PRELMINARY INJUNCTION (DKT. NO. 12)

          HON. PAMELA PEPPER UNITED STATES DISTRICT JUDGE

         The plaintiff is a state prisoner, and is representing himself. On October 3, 2017, he filed a complaint, alleging that the defendants violated his civil rights by having his wages garnished and placing liens on his property when he did not owe an child support arrearages. Dkt. No. 1. In addition to filing a complaint, the plaintiff filed a motion for leave to proceed without prepayment of the filing fee. Dkt. No. 2. He also has filed a motion for injunctive relief. Dkt. No. 12. This decision screens the complaint and resolve the plaintiff's motions.

         I. Motion for Leave to Proceed without Prepayment of the Filing Fee (Dkt. No. 2)

         The Prison Litigation Reform Act (PLRA) applies to this case because the plaintiff was incarcerated when he filed his complaint. 28 U.S.C. §1915. The PLRA allows a court to give an incarcerated plaintiff the ability to proceed with his lawsuit without prepaying the case filing fee, as long as he meets certain conditions. One of those conditions is that the plaintiff must pay an initial partial filing fee. 28 U.S.C. §1915(b).

         On October 5, 2017, the court ordered the plaintiff to pay an initial partial filing fee of $7.52 by October 27, 2017. Dkt. No. 5. The court received that payment on October 12, 2017. Accordingly, the court will grant the plaintiff's motion to proceed without prepayment of the filing fee. The court will order the plaintiff to pay the remainder of the filing fee over time in the manner explained at the end of this decision.

         II. Screening the Plaintiff's Complaint

         The law requires the court 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 if the plaintiff raises 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).

         To state a claim, a complaint must contain sufficient factual matter, accepted as true, “that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows a court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556).

         To proceed with a claim that his civil rights were violated 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 defendant was acting under color of state law. Buchanan-Moore v. Cty. of Milwaukee, 570 F.3d 824, 827 (7th Cir. 2009) (citing Kramer v. Vill. of N. Fond du Lac, 384 F.3d 856, 861 (7th Cir. 2004)); see also Gomez v. Toledo, 446 U.S. 635, 640 (1980). The court gives a 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)).

         A. The Plaintiff's Allegations

         The plaintiff alleges that in 2005, he and Julie Ann Gellin, the mother of his child, met with defendant Lisa Van Pay, their caseworker at the Brown County Child Support Agency. Dkt. No. 1 at 4. According to the plaintiff, Gellin terminated the child support order against him, and expunged all of the arrears and interest he owed her. Id. The plaintiff states that Van Pay informed him that Gellin had no authority “to sign off [on] the interest owed to the State of Wisconsin and that the[re] was no State Law requiring the plaintiff to pay the interest owed.” Id. The plaintiff states that, at Van Pay's request, he agreed to pay $10 per month toward the interest owed to the state. Id.

         The plaintiff says that Van Pay neglected to inform him that the amount he agreed to pay was not sufficient to cover the interest rate on what he owed the State, effectively keeping the plaintiff in debt to the State Child Support Agency “forever.” Id.

         The plaintiff states that, as time went on, he began to receive letters and notices from the Child Support Agency stating that he owed child support, arrears, interest and receipt-and-disbursement (R&D) fees. Id. He asserts that the Child Support Agency put a title lien on his motorcycle, made a negative report to the credit bureau, and activated an administrative lien in the amount of $1, 521.57. Id.

         The plaintiff explains that he wrote to Van Pay in an effort to understand what was going on. Id. The plaintiff said the response he received stated that “the plaintiff [is] not eligible for a review at this time.” Id. The plaintiff states that he continued to tell Van Pay that he did not owe money, but that Van Pay refused to listen. Id. The plaintiff explains that he wrote letters ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.