Dewhite D. Johnson v. Matthew Burns

Summary

The United States District Court for the Eastern District of Wisconsin granted Defendant Matthew Burns’s motion to dismiss a 42 U.S.C. § 1983 failure-to-protect claim. The court held that the claim, arising from a March 11, 2022 incident and filed on September 12, 2025, was barred by Wisconsin’s three-year statute of limitations and that incarceration did not toll the limitations period.

Holdings

1. Johnson's § 1983 claim was barred because it accrued on March 11, 2022, and he did not file suit until September 12, 2025, more than three years later.
2. Wisconsin law does not toll the statute of limitations during a prisoner's incarceration.

Questions Presented

1. Whether Johnson's § 1983 failure-to-protect claim was barred by Wisconsin's three-year statute of limitations.
2. Whether Wisconsin law tolls the statute of limitations during a prisoner's incarceration.

Disposition

dismissed