Samterious Gordon v. Thomas Linn, Shannon Bryant, Brian Whelan, and A. Schmidt

Summary

In this screening order, the United States District Court for the Eastern District of Wisconsin granted Samterious Gordon leave to proceed without prepayment of the filing fee. The court dismissed claims against Thomas Linn, Brian Whelan, and A. Schmidt, but allowed Gordon to proceed against Shannon Bryant on a First Amendment retaliation claim arising from the alleged enhancement of a disciplinary report and punishment. The order was dated February 12, 2026.

Holdings

1. The complaint failed to state a due process claim because three days of cell confinement, without allegations concerning particular conditions, did not establish a constitutionally protected liberty interest.
2. Gordon may proceed against Bryant on a First Amendment retaliation claim based on the allegation that Bryant added violations and enhanced Gordon's punishment because Gordon challenged the conduct report.
3. The complaint failed to state a failure-to-intervene claim against Whelan.
4. The complaint failed to state an access-to-the-courts claim or an independent constitutional claim against Schmidt based on the rejection or handling of Gordon's inmate complaints.
5. The court declined to exercise jurisdiction over the purported state-law negligence claim against Schmidt because no viable federal claim remained against Schmidt.

Questions Presented

1. Whether the complaint stated a Fourteenth Amendment due process claim based on the issuance and enhancement of a prison conduct report and three days of cell confinement.
2. Whether the complaint stated a First Amendment retaliation claim against Shannon Bryant.
3. Whether the complaint stated a failure-to-intervene claim against Brian Whelan.
4. Whether the complaint stated an access-to-the-courts or other constitutional claim against A. Schmidt based on the handling of inmate grievances.
5. Whether the court had jurisdiction over a purported negligence claim against Schmidt in the absence of a viable federal claim.

Disposition

other