Antione L. Harris v. Brett Hommes

Summary

The United States District Court for the Eastern District of Wisconsin screened Antione L. Harris’s amended 42 U.S.C. § 1983 complaint alleging that a correctional officer made a racially derogatory comment. The court held that the alleged verbal harassment did not state a constitutional claim, dismissed the action for failure to state a claim, and ordered that Harris receive a strike under 28 U.S.C. § 1915(g).

Holdings

1. A racially derogatory verbal comment, standing alone, does not rise to the level of cruel and unusual punishment and does not state a constitutional claim under § 1983.
2. The amended complaint was subject to dismissal under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1) because it failed to state a claim.

Questions Presented

1. Whether an officer's alleged racially derogatory verbal comment to a prisoner states a claim for cruel and unusual punishment or another constitutional violation under 42 U.S.C. § 1983.
2. Whether the amended complaint should be dismissed during screening for failure to state a claim under 28 U.S.C. § 1915A.

Disposition

dismissed