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.

Saddler v. Hewitt

United States District Court, W.D. Wisconsin

September 6, 2019

JAY JASMINE SADDLER, Plaintiff,
v.
RN JESSICA HEWITT, OFFICER BETH, OFFICER REILEY, SHERIFF KEITH GOVIER, OFFICER SRG EDWARD BREITSPRECKER, JANE DOE, JOHN DOE, DEPUTY ANDREW SMITH, OFFICER MASON NEMITZ, and OFFICER MICHELLE NECOLLINS, Defendants.

          OPINION AND ORDER

          JAMES D. PETERSON, DISTRICT JUDGE.

         Plaintiff Jay Jasmine Saddler, a prisoner at Waupun Correctional Institution (WCI), alleges that numerous jail and prison officials have failed to provide proper medical care for an injury to his left hand. He has filed a complaint asserting claims under 42 U.S.C. § 1983, Dkt. 1, as well as four motions to amend the complaint, Dkt. 9; Dkt. 12; Dkt. 16; Dkt. 18. Saddler has paid the initial partial filing fee for this action as ordered by the court, so the next step is for me to screen his case and dismiss any claims that are legally frivolous, malicious, fail to state a claim upon which relief may be granted, or ask for money damages from a defendant who by law cannot be sued for money damages. 28 U.S.C. §§ 1915 and 1915A. Saddler is a pro se litigant, so I must read his complaint generously. Haines v. Kerner, 404 U.S. 519, 521 (1972) (per curiam).

         There are several problems with Saddler's filings that prevent me from granting him leave to proceed. Saddler presents his allegations in a piecemeal fashion over the course of five documents, and many of them are simply too vague to provide fair notice of his claims as required under Federal Rule of Civil Procedure 8. Other of Saddler's allegations simply fail to state a claim for relief. So I am dismissing his complaint and four motions to amend. But I will give him an opportunity to file an amended complaint that fixes the problems discussed in this opinion.

         Saddler has also filed a motion asking me to issue an order compelling WCI to: (1) provide him with pens while he is in segregation; and (2) disburse funds from his release account so that he can obtain his Grant County medical file. Dkt. 19. I will deny that motion for reasons stated below.

         ALLEGATIONS OF FACT

         I draw the following facts from Saddler's original complaint, Dkt. 1, as well as his motions to amend the complaint, Dkt. 9; Dkt. 12; Dkt. 16; Dkt. 18. I accept Saddler's allegations as true at the screening stage. Bonte v. U.S Bank, N.A., 624 F.3d 461, 463 (7th Cir. 2010).

         A. Original complaint (Dkt. 1)

         On September 19, 2016, Saddler had surgery on his left hand at Stroger Hospital in Cook County, Illinois. On November 1, 2016, Saddler was extradited to Grant County, Wisconsin, where he was held in pretrial custody in the Grant County Jail.

         When he was being booked into the Grant County Jail, Saddler informed defendant Beth, an officer with the Grant County Sheriff's Department, that he was receiving medication for pain and nerve damage. The next day, defendant Jane Doe, a nurse at the Grant County Jail, saw Saddler about his hand. She told Saddler that he would be scheduled to see a doctor.

         Weeks later, defendant Officer Edward Breitsprecker walked Saddler to his initial appointment with a doctor, defendant John Doe. Breitsprecker asked Saddler what he was being seen for, and Saddler explained that he had sustained “a very painful injury.” Dkt. 1, at 3.

         Dr. Doe conducted a medical assessment of Saddler. When it was complete, he told Saddler that “the processing” would move along quicker if Saddler could “obtain his Cook County medical report.” Id. Saddler arranged for this, and his medical records from Cook County arrived at the Grant County Jail on November 29, 2016. Those records indicated that Saddler needed additional surgical procedures on his hand. Even though the Grant County Jail received these records, Saddler did not receive the surgeries or other needed medical care. Instead, Saddler “faced a series of changes.” Id. Saddler doesn't explain what this means.

         Saddler says that defendant officers Reiley and Michelle Necollins “were fully aware of [his] medical condition.” Id. In December 2016, Saddler was involved in an altercation with another detainee. As part of the investigation of that incident, Saddler informed Necollins of his injury and “how the pain was once again getting wors[e].” Id. Saddler does not explain how Reiley became aware of Saddler's medical condition.

         In late December 2016, Saddler was seen by defendant Nurse Jessica Hewitt. Hewitt gave Saddler a “clay-like substa[nce] to sq[uee]ze for his hand, ” even though Saddler's medical records from Cook County indicated that Saddler needed surgical procedures. Id.

         On January 28, 2017, defendant Officer Andrew Smith responded to a fight in the Grant County Jail. As part of his investigation, he interviewed Saddler and asked him about his injury. Saddler told Smith that he needed to be seen by a nurse. Defendant Deputy Mason Nemitz escorted Saddler from the jail block, and Saddler informed him about his medical need as well. Necollins then confiscated Saddler's ...


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.