United States District Court, E.D. Wisconsin
MARCUS M. HENRY, Plaintiff,
CO SPRAGUE, et al., Defendants.
William E. Duffin U.S. Magistrate Judge.
Marcus Henry, an inmate confined at Green Bay Correctional
Institution (GBCI), filed a pro se complaint under
42 U.S.C. § 1983 alleging that the defendants violated
his civil rights. This court has jurisdiction to screen
Henry's complaint and resolve his motion for leave to
proceed without prepayment of the filing fee based on his
full consent to magistrate judge jurisdiction (ECF No. 5) and
the Wisconsin Department of Justice's limited consent to
magistrate judge jurisdiction, as set forth in the Memorandum
of Understanding. Although Henry filed a follow-up request
refusing magistrate judge jurisdiction (ECF No. 8), once a
party has consented he cannot change his mind.
Motion for Leave to Proceed without Prepaying the Filing
Prison Litigation Reform Act (PLRA) applies to this case
because Henry was a prisoner when he filed his complaint.
See 28 U.S.C. § 1915(h). The PLRA allows the
court to give a prisoner plaintiff the ability to proceed
with his case without prepaying the civil case filing fee. 28
U.S.C. § 1915(a)(2). When funds exist, the prisoner must
pay an initial partial filing fee. 28 U.S.C. §
1915(b)(1). He must then pay the balance of the $350 filing
fee over time, through deductions from his prisoner account.
1, 2019, the court ordered Henry to pay an initial partial
filing fee of $0.87. (ECF No. 6.) Henry paid that amount on
July 12, 2019. Therefore, the court will grant Henry'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.
Screening the Complaint
Federal Screening Standard
the PLRA, the court must screen complaints brought by
prisoners seeking relief from 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
prisoner 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. §
state a claim, a complaint must include “a short and
plain statement of the claim showing that the pleader is
entitled to relief.” Fed.R.Civ.P. 8(a)(2). The
complaint must contain enough facts, accepted as true, to
“state a claim for relief 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). The court construes
pro se complaints liberally and holds them to a less
stringent standard than pleadings drafted by lawyers.
Perez v. Fenoglio, 792 F.3d 768, 776 (7th Cir.
state a claim under 42 U.S.C. §1983, Henry 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).
Allegations in the Complaint
February 1, 2017, defendant Correctional Officer Sprague
passed out medication in the segregation unit at GBCI. (ECF
No. 1 at 2.) When Sprague got to Henry's cell, he
“took out the cards and just started popping meds into
the cup.” (Id.) Henry took the pills.
Sprague was putting the cards back, Henry thought that he saw
a card that wasn't his, so he asked Sprague to check the
card. (Id.) Sprague noticed that he had given Henry
another inmate's “psychotropic medication.”
(Id.) Sprague called nurse Ashley Heumpfner and told
her what happened. (Id. at 4.) Heumpfner checked
Henry's vitals but didn't send him to the hospital
even though Henry had told her that he felt “sick and
states that he takes a lot of blood pressure medication and
didn't know how another inmate's medication could
have reacted with his. (Id.) He states that he
“could've died.” (Id.) He also
states that Health Services Manager Jean Lutsey knows that
correctional officers are not trained to pass out medication,
yet she still ...