United States District Court, W.D. Wisconsin
OPINION AND ORDER
WILLIAM M. CONLEY District Judge
Thomas Giegler brings this proposed civil action under 42
U.S.C. § 1983, claiming that the proceedings leading up
to his criminal convictions violate his constitutional
rights. He is seeking both monetary damages and various forms
of injunctive relief, including his release from custody.
Having been permitted to proceed in forma pauperis,
Giegler's complaint requires screening. 28 U.S.C. §
1915(e)(2). For the reasons that follow, Giegler's
complaint will be dismissed without prejudice.
OF FACT 
Thomas Giegler is currently incarcerated at the Milwaukee
House of Corrections, in Franklin, Wisconsin. Giegler names
eight defendants, four of which are government employees:
Nancy Sturm is a Milwaukee County Court Commissioner; Porchia
Lewand is a Milwaukee County district attorney; Jeffrey
Kremer is a Milwaukee County Judge; and Gina Stanislowski is
a parole officer. The remaining four named defendants are not
government employees: Mark Tishberg was Giegler's
attorney for a portion of his criminal proceedings, Hetty
Flores is Giegler's ex-girlfriend, and Aric Kubacki and
Carly Alverez appear to be associates of Flores.
Giegler does not provide the case number of the criminal
proceedings he outlines in his complaint, it is apparent that
he is describing the criminal cases State v.
Giegler, No. 2017CM2090 (Milwaukee Cty. filed Aug. 3,
2017), and State v. Giegler, No. 2017CF4846
(Milwaukee Cty filed Oct. 20, 2017), available at
https://wcca.wicourts.gov (last visited May 14,
No. 2017CM2090, Giegler was charged on August 3, 2017, with
violating Wis.Stat. § 813.12(8) (knowingly violating a
domestic abuse order), and Wis.Stat. § 947.01(1)
(disorderly conduct). The offense date listed for both
charges is July 29, 2017. On October 18, 2018, a jury found
Giegler guilty on both charges. On January 10, 2019, he was
sentenced to one year of confinement in prison, to be
followed by one year of extended supervision. Giegler's
request for post-conviction relief has been denied, and it
appears that he may be attempting to appeal the Milwaukee
County Circuit Court's denial of his motion seeking
post-conviction relief. State v. Giegler, No.
2019xx337-CR (Wis. Ct. App. filed Feb. 25, 2019).
No. 2017CF4846, Giegler was charged with one count of
violating Wis.Stat. § 940.45(4) (intimidating a victim),
and three counts of violating Wis.Stat. § 813.12(8)(a)
(knowingly violating a domestic abuse order). On October 17,
2018, this case was dismissed with prejudice at the
state's request, since the essential witness to those
particular charges died. Id. It appears that the
witness was Flores.
Allegations in Complaint
lawsuit, Giegler claims that the events surrounding his
arrests and the charges filed in Nos. 2017CM2090 and
2017CF4846 violated his constitutional rights. Giegler
alleges that on July 12, 2017, following a dispute with
Flores, he called the West Allis Police Department, hoping to
have the police escort Flores out of his house. Instead,
Giegler was arrested for disorderly conduct and taken to the
police station, and Stanislowski placed a probation hold on
him, allegedly without justification. Giegler further claims
that Stanislowski did not schedule a revocation hearing
during his time in custody while he was facing charges.
point during his time in jail, Sturm granted Flores's
request for a temporary restraining order that restricted his
ability to come close to her. Giegler also adds that, while
he was in jail, Stanislowski and Lewand authorized
interception of a phone call he had with his daughter on July
29, 2017, which resulted in the charge of violating the
temporary restraining order. Later, on August 1, 2017, Sturm
issued a final injunction.
complains that during the course of his criminal proceedings,
Judge Kremer and D.A. Lewand violated his constitutional
rights because they fired his attorney, Mark Tishberg, and
because his case was delayed unnecessarily. He also claims
that Tishberg performed inadequately when he was representing
describing the proceedings related to the restraining order
and his criminal charges, Giegler claims that while he was in
jail, Flores, Kubacki and Alverez ...