Summary
This screening order from the U.S. District Court for the Eastern District of Wisconsin addresses a pro se prisoner’s § 1983 complaint alleging deliberate indifference to medical care under the Eighth Amendment. The court grants the plaintiff’s motion to proceed in forma pauperis, screens the complaint pursuant to 28 U.S.C. §§ 1915 and 1915A, and dismisses claims against three defendants for failing to state a plausible claim. The court permits the action to proceed against one defendant, establishes a schedule for filing fees and service, and outlines procedural requirements for discovery and electronic filing.
Questions Presented
- Whether Neal may proceed in forma pauperis without prepaying the full filing fee
- Whether Neal's complaint states a viable §1983/Eighth Amendment claim against APNP Tonya Wesner
- Whether the complaint fails to state a claim against Diana Simmons, Sara English, and Edward Rothbauer
Holdings
- The court granted Neal's motion to proceed in forma pauperis, allowing him to pay the filing fee over time after he paid a partial amount and provided a certified trust account statement.
- {"issue":"Whether Neal's complaint states a viable §1983/Eighth Amendment claim against APNP Tonya Wesner","holding":"The complaint may proceed against APNP Tonya Wesner on an Eighth Amendment claim alleging deliberate indifference to his medical condition.","ratioDecidendi":"The Seventh Circuit two‑part test for deliberate indifference requires (1) an objectively serious medical condition and (2) deliberate indifference by the defendant; the allegations concerning Wesner's refusal to refer Neal for appropriate treatment satisfy the plausibility standard.","isBinding":true,"dispositionTied":true,"sourcePinCite":"","supportingAuthorities":[{"authorityType":"case","citation":"Petties v. Carter, 836 F.3d 722 (7th Cir. 2016) (en banc)","proposition":"Deliberate indifference test","role":"foundation"},{"authorityType":"case","citation":"Gabb v. Wexford Health Sources, Inc., 945 F.3d 1027 (7th Cir. 2019)","proposition":"Eighth Amendment medical care standard","role":"foundation"}]}
- {"issue":"Whether the complaint fails to state a claim against Diana Simmons, Sara English, and Edward Rothbauer","holding":"The court dismissed the claims against Simmons, English, and Rothbauer for failure to state a claim.","ratioDecidendi":"The plaintiffs did not allege that these providers were deliberately indifferent; they merely provided conservative treatment and were unaware of continued pain, which is insufficient for an Eighth Amendment claim.","isBinding":true,"dispositionTied":true,"sourcePinCite":"","supportingAuthorities":[{"authorityType":"case","citation":"Estelle v. Gamble, 429 U.S. 97 (1976)","proposition":"Eighth Amendment medical care claim requires deliberate indifference","role":"foundation"}]}]
- obiterDicta
- :
- disposition
- :
- other
- remandInstructions
- :
- keyQuotations
- :
- rulesAnnounced
- :
- casesCited
- :
- statutesCited
- :
- rulesCited
- :
- constitutionalProvisionsCited
- :
- secondarySourcesCited
- :
- overruledCases
- :
- distinguishedCases
- :
- abrogatedCases
- :
- limitedCases
- :
- questionedCases
- :
- subsequentHistory
- :
- isStillGoodLaw
- :null
- goodLawNotes
- :
- practiceAreas
- :
- topics
- :
- precedentialValue
- :
- nonprecedential
- documentFinality
- :
- final
Factual background
Quentin Neal, a prisoner at Waupun Correctional Institution, injured his right Achilles tendon in April 2022. He received medical care from APNP Diana Simmons and later Dr. Sara English, who prescribed conservative treatment. In July 2024, APNP Tonya Wesner referred him to physical therapy for back pain, but the therapist Edward Rothbauer refused to treat his heel pain and directed him back to Wesner, who denied further treatment.
Procedural history
Plaintiff filed a complaint as a pro se prisoner and moved for in forma pauperis status; the court considered the motion and screened the complaint for plausibility.