McIntosh v. Waukesha County Jail

Summary

This order addresses procedural issues in a jointly filed 42 U.S.C. § 1983 action brought by three incarcerated plaintiffs against the Waukesha County Jail. The court explains each plaintiff’s obligation to pay a filing fee or seek in forma pauperis status, requires all plaintiffs to sign future filings, and warns about potential severance, sanctions, and strikes. Plaintiffs McIntosh and Bey were ordered to submit the required fee or financial documentation by February 27, 2026, while any plaintiff wishing to withdraw was required to notify the court by that date.

Holdings

1. Each prisoner plaintiff who brings a civil action must pay a separate statutory filing fee or submit a separate request to proceed without prepaying the fee accompanied by the required certified trust-account statement.
2. A joint prisoner complaint may proceed only if the requirements for permissive joinder of parties and joinder of claims are satisfied; improperly joined parties or claims may be severed or dismissed.
3. Each self-represented plaintiff must personally sign every future pleading, motion, and other paper, and each plaintiff may be subject to Rule 11 sanctions for sanctionable filings made on the plaintiff's behalf.
4. A plaintiff who was a prisoner when the complaint was filed will incur a strike under 28 U.S.C. § 1915(g) if the action is dismissed as frivolous, malicious, or for failure to state a claim.

Questions Presented

1. Whether each incarcerated plaintiff in a joint prisoner civil action must separately pay the statutory filing fee or separately seek leave to proceed without prepayment.
2. Whether a joint prisoner complaint may proceed only when the plaintiffs and claims satisfy the federal joinder rules.
3. Whether each self-represented plaintiff must personally sign future filings and may be held responsible for sanctions arising from filings made on the plaintiff's behalf.
4. Whether a prisoner plaintiff may incur a statutory strike if the action is dismissed as frivolous, malicious, or for failure to state a claim.

Disposition

other