Braxton Lewis Clarke v. Trinity Services Group, Inc., State Health Inspector, Captain Johnson-Williams, and Superintendent Chantell Jewell

Summary

The United States District Court for the Eastern District of Wisconsin screens Braxton Lewis Clarke’s pro se 42 U.S.C. § 1983 complaint concerning allegedly spoiled or contaminated food served at the Vilas County Jail. The court grants leave to proceed without prepaying the filing fee, denies the motion to appoint counsel without prejudice, and finds that the complaint fails to state a federal claim because the allegations at most show negligence. The court permits Clarke to file an amended complaint by April 22, 2026 and directs collection of the remaining filing fee balance.

Holdings

1. The complaint failed to state an Eighth Amendment conditions-of-confinement claim because, as pleaded, the allegations showed at most negligence and did not establish that defendants were deliberately indifferent to a dangerous condition of the food.
2. The court granted plaintiff leave to proceed without prepaying the filing fee after he paid the required initial partial filing fee.
3. The court denied appointment of counsel without prejudice because plaintiff provided no evidence that he had made reasonable efforts to obtain counsel.

Questions Presented

1. Whether the complaint stated an actionable Eighth Amendment conditions-of-confinement claim based on allegedly spoiled or contaminated food.
2. Whether plaintiff should be permitted to proceed without prepaying the filing fee under the Prison Litigation Reform Act.
3. Whether plaintiff was entitled to appointment of counsel under 28 U.S.C. § 1915(e)(1).

Disposition

other