Summary
This screening order from the U.S. District Court for the Eastern District of Wisconsin addresses a pro se prisoner’s civil rights complaint alleging excessive force by correctional officers over a food tray dispute. The court grants the plaintiff’s motion to proceed in forma pauperis and reviews the complaint under 28 U.S.C. § 1915A, concluding that the allegations do not plausibly state an Eighth Amendment excessive force claim. The court grants the plaintiff leave to file an amended complaint by April 30, 2025, or dismisses the action if no amendment is filed.
Topics
Practice areas
Questions Presented
- Whether the plaintiff may proceed in forma pauperis without prepaying the full filing fee.
- Whether the plaintiff’s complaint states a plausible §1983 claim for excessive force under the Eighth Amendment.
Holdings
- The court granted the plaintiff’s motion to proceed without prepaying the full filing fee.
- The complaint fails to state a claim for excessive force and will be dismissed unless an amended complaint is filed by April 30, 2025.
Key quotations
“The pleading standard ... does not require ‘detailed factual allegations,’ but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” (556 U.S. at 678)
“The Eighth Amendment prohibits the “unnecessary and wanton infliction of pain” on prisoners.” (503 U.S. at 5)
“In cases involving the claimed use of excessive force, the core judicial inquiry is whether force was applied in a good‑faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.” (259 F.3d at 837)
Factual background
While incarcerated at Green Bay Correctional Institution, Plaintiff noticed his food tray was missing potato wedges and asked Officers Stabane and Schomer for a replacement. The officers refused, seized the tray, and pulled on it, causing Plaintiff's hands to strike the trap door opening and suffer pain.
Procedural history
The plaintiff filed a §1983 complaint while incarcerated and filed a motion to proceed without prepaying the filing fee. The court considered the motion and screened the complaint for plausibility.
Remand instructions
If the plaintiff files an amended complaint by April 30, 2025, the court will screen it under 28 U.S.C. §1915A. If no amended complaint is filed, the action will be dismissed for failure to state a claim.