United States District Court, E.D. Wisconsin
William C. Griesbach, Chief United States District Judge.
Travis Delaney Williams, an inmate confined at the Wisconsin
Secure Program Facility, filed a pro se complaint under 42
U.S.C. § 1983 alleging that Defendants violated his
rights under federal and state law. This order resolves
Plaintiff's motion for leave to proceed without prepaying
the filing fee and screens his complaint.
Motion for Leave to Proceed without Prepaying the Filing
Prison Litigation Reform Act (PLRA) applies to this case
because Plaintiff 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.
August 30, 2019, the court waived Plaintiff's obligation
to pay an initial partial filing fee. ECF No. 8. The court
will grant Plaintiff's motion for leave to proceed
without prepaying the filing fee. He must pay the entire $350
filing fee over time in the manner explained at the end of
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. §
determining whether the complaint states a claim, the court
applies the same standard that applies to dismissals under
Federal Rule of Civil Procedure 12(b)(6). See Cesal v.
Moats, 851 F.3d 714, 720 (7th Cir. 2017) (citing
Booker-El v. Superintendent, Ind. State Prison, 668
F.3d 896, 899 (7th Cir. 2012)). To 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).
state a claim for relief under 42 U.S.C. § 1983, a
plaintiff must allege that someone deprived him of a right
secured by the Constitution or the laws of the United States,
and that whoever deprived him of this right was acting under
the color of state law. D.S. v. E. Porter Cty. Sch.
Corp., 799 F.3d 793, 798 (7th Cir. 2015) (citing
Buchanan-Moore v. Cty. of Milwaukee, 570 F.3d 824,
827 (7th Cir. 2009)). The court construes pro se complaints
liberally and holds them to a less stringent standard than
pleadings drafted by lawyers. Cesal, 851 F.3d at 720
(citing Perez v. Fenoglio, 792 F.3d 768, 776 (7th
alleges that, on February 24, 2019, defendant correctional
officer Ellefson gave him another inmate's medication.
After taking the medication, Plaintiff asked to see the
medication cards Ellefson had been looking at. Plaintiff,
whose first name is Travis, noticed that Ellefson
had given him Derek Williams' medication.
Plaintiff notified Ellefson of his error, to which Ellefson
allegedly responded, “Ahh man.” ECF No. 1 at 6.
Plaintiff allegedly explained to Ellefson that one of the
medications he gave Plaintiff was Trazadone and that
Plaintiff had been weaning himself off of Trazadone because
it gives him bad stomach aches and occasionally causes
stomach bleeding. Plaintiff demanded to see a nurse.
Plaintiff states that Ellefson ignored him.
to Plaintiff, Ellefson called defendant correctional officer
Laxton, and the two began to whisper to one another while
thumbing through the inmate medication cards. Plaintiff
allegedly overheard Laxton instruct Ellefson on how to cover
up his mistake. Plaintiff asserts that he immediately pressed
his call button and spoke to defendant sergeant Saylor. After
Plaintiff told Saylor what was going on and explained that he
needed to see a nurse, Saylor allegedly said he would look
explains that, as he was waiting, he “started getting a
real bad case of acid reflux.” ECF No. 1 at 7.
Plaintiff asserts that he has “GERD very bad, ”
which he treats with five different medications. Id.
According to Plaintiff, the condition causes him to
“regurgitate his food or vomit, ” which burns his
throat, and can cause bloody stool. Id. Plaintiff
asserts that he began to vomit up small chunks of food with
spots of blood. He took some TUMS, hoping to counteract the
burning sensation, but it did not work. According to
Plaintiff, his condition worsened. He began to vomit up
larger chunks of food with more blood. Plaintiff states that
he pushed his call button and again explained his situation
to Saylor ...