Jason Allen Girtler v. Officer T. Taddy, Officer Behrensprung, and John Doe

Summary

The United States District Court for the Eastern District of Wisconsin screens Jason Allen Girtler’s amended 42 U.S.C. § 1983 complaint concerning an alleged failure to protect him from assault at the Manitowoc County Jail. The court finds that Girtler states a Fourteenth Amendment failure-to-protect claim against Officers Taddy and Behrensprung, but not against the John Doe supervisors. The court orders service on the two named officers, terminates the John Doe placeholder, and prohibits discovery until entry of a scheduling order.

Holdings

1. The amended complaint stated a plausible failure-to-protect claim against Officers Taddy and Behrensprung because it alleged that they intentionally forced Girtler to move to a pod where they knew he faced a serious risk of harm from other inmates.
2. The amended complaint failed to state a claim against the John Doe supervisors because the allegations did not permit a reasonable inference that they knew Girtler faced a risk of harm, and respondeat superior does not support supervisory liability under § 1983.
3. The case was permitted to proceed against Officers Taddy and Behrensprung, and the United States Marshal was ordered to serve them with the amended complaint and screening order.

Questions Presented

1. Whether the amended complaint plausibly alleged that Officers Taddy and Behrensprung failed to protect Girtler from a substantial risk of serious harm in violation of the Fourteenth Amendment.
2. Whether the amended complaint stated a claim against unidentified supervisory defendants who allegedly allowed or approved the move.
3. Whether the action should proceed to service against Taddy and Behrensprung and whether discovery should be deferred pending a scheduling order.

Disposition

other