Jonathon M. Mark v. Co Nicholas Fry, et al.

Summary

The United States District Court for the Eastern District of Wisconsin denied Jonathon M. Mark’s motion for reconsideration and to alter or amend the judgment under Federal Rule of Civil Procedure 59(e). The court held that the plaintiff had not shown a manifest error of law in the dismissal of his 42 U.S.C. § 1983 claim concerning placement on no-privileges status without a pre-deprivation hearing. The court also denied as moot his motion for an extension of time to appeal.

Holdings

1. Mark was not entitled to reconsideration because he presented no newly discovered evidence and failed to demonstrate a manifest error of law.
2. A pretrial detainee is not entitled to a pre-deprivation hearing before being temporarily removed from the general population or placed on no-privileges status pending a disciplinary hearing.
3. The court did not err by denying leave to amend because amendment would have been futile under the applicable due process precedent.

Questions Presented

1. Whether Mark demonstrated a manifest error of law or newly discovered evidence warranting relief under Federal Rule of Civil Procedure 59(e).
2. Whether the court erred by dismissing the complaint at screening without granting leave to amend.
3. Whether the alleged placement of a pretrial detainee on no-privileges status pending a disciplinary hearing required a pre-deprivation hearing under the Due Process Clause.
4. Whether Mark's motion for an extension of time to appeal remained necessary after disposition of the Rule 59(e) motion.

Disposition

other