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.

Kyles v. Care and Comfort Committee

United States District Court, E.D. Wisconsin

February 7, 2019

RONAN J. KYLES, Plaintiff,
v.
CARE AND COMFORT COMMITTEE; JOHN AND JANE DOES, MSDF-HSU; MS. BERGELIN, HSU-Manager;MR. GOULDEMAN, Unit Manager; and JOHN AND JANE DOE, Inmate Complaint Examiner, Defendants.

          SCREENING ORDER

          WILLIAM E. DUFFIN U.S. MAGISTRATE JUDGE

         Plaintiff Ronan J. Kyles, a state prisoner who is representing himself, filed a complaint under 42 U.S.C. § 1983 alleging that the defendants violated his civil rights. This order resolves Kyles's motion for leave to proceed without prepaying the filing fee and screens his complaint.

         The court has jurisdiction to resolve Kyles's motion to proceed without prepaying the filing fee and to screen the complaint in light of his consent to the full jurisdiction of a magistrate judge and 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.

         1. Motion for Leave to Proceed without Prepaying the Filing Fee

          The Prison Litigation Reform Act applies to this case because Kyles was incarcerated when he filed his complaint. 28 U.S.C. § 1915. That law allows a court to give an incarcerated plaintiff the ability to proceed with his case without prepaying the civil case filing fee as long as he meets certain conditions. One of those conditions is that the plaintiff pay an initial partial filing fee. 28 U.S.C. § 1915(b). Once the plaintiff pays the initial partial filing fee, the court may allow him to pay the balance of the $350 filing fee over time through deductions from his prisoner account. Id.

         On December 21, 2018, the court ordered Kyles to pay an initial partial filing fee of $13.92. He paid that fee on January 15, 2019. Therefore, the court will grant Kyles's motion for leave to proceed without prepaying the filing fee. He must pay the remainder of the filing fee over time in the manner explained at the end of this order.

         2. Screening the Complaint

         2.1 Federal Screening Standard

         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 state a claim 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. 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). 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)).

         2.2 The Complaint's Allegations

         Kyles is incarcerated at the Milwaukee Secure Detention Facility. He alleges that in May 2018 he submitted two health service slips, one for “medical” regarding his leg and one for “dental” regarding his teeth. Kyles has metal bullet fragments in his leg that cause swelling and he wanted his teeth cleaned because tartar buildup caused his mouth to smell bad.

         After submitting the health service slips, Kyles was told “he's on the list.” (ECF No. 1 at 2.) Kyles did not receive a response until November 2018, when he was told he was at the bottom of the list. Kyles was also told that he would be called when his name reached the top, “so do not put anymore requests in because it's not necessary.” (Id.) Kyles submitted another request stating that the co-payment was paid so he could see a dentist, that he would be going to Dodge Correctional Institution soon, and that it ...


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.