Duran Thomas v. CO Hunt, CO Phillips, and Capt. Ross

Summary

The United States District Court for the Eastern District of Wisconsin grants Duran Thomas leave to proceed in forma pauperis and screens his 42 U.S.C. § 1983 complaint concerning alleged deliberate indifference to self-harm. The court allows an Eighth Amendment claim to proceed against Corrections Officer Phillips, but dismisses the claims against Corrections Officer Hunt and Captain Ross. Hunt and Ross are terminated from the action, and Phillips is directed to respond under the court’s informal service agreement.

Holdings

1. Thomas was granted leave to proceed without prepaying the full filing fee, subject to payment of the full filing fee over time under the Prison Litigation Reform Act.
2. The complaint stated a plausible Eighth Amendment claim against Phillips because Thomas alleged that Phillips observed him bleeding and engaging in self-harm and walked away without intervening.
3. The complaint failed to state a constitutional claim against Hunt because distributing a meal containing a pen, without more, did not plausibly show deliberate indifference to a serious risk of harm.
4. The complaint failed to state a constitutional claim against Ross because Ross reported that Thomas had engaged in self-harm, and the alleged inaccuracy concerning the specific instrument used did not show deliberate indifference or resulting injury.

Questions Presented

1. Whether Thomas should be granted leave to proceed in forma pauperis under 28 U.S.C. § 1915.
2. Whether the complaint plausibly alleged an Eighth Amendment deliberate-indifference claim against Officer Phillips based on his alleged failure to intervene when Thomas was visibly engaging in self-harm.
3. Whether the complaint plausibly alleged an Eighth Amendment or other constitutional claim against Officer Hunt for distributing a meal containing a pen.
4. Whether the complaint plausibly alleged a constitutional claim against Captain Ross based on an allegedly inaccurate report describing how Thomas injured himself.

Disposition

other