Summary
The United States District Court for the Eastern District of Wisconsin dismissed Taurus Clyde Hill, II’s amended 42 U.S.C. § 1983 complaint at the screening stage for failure to state a claim. The court rejected claims based on allegedly false conduct reports, disciplinary proceedings, retaliation, and excessive force, concluding that the allegations did not establish a constitutional violation or were too vague and speculative. The court assessed a strike under 28 U.S.C. § 1915(g) and directed the clerk to enter judgment.
Holdings
- Allegations that prison officials filed false conduct reports do not, standing alone, state a constitutional claim.
- Hill failed to state a due-process claim because he did not plausibly allege a constitutionally protected liberty interest or deficient procedures.
- Hill failed to state a First Amendment retaliation claim because he did not plausibly allege that his prior lawsuits motivated the defendants' conduct reports.
- Hill failed to state an excessive-force claim because his allegation that officers jumped him and placed him in a chokehold was too vague and speculative to support an inference that force was used maliciously and sadistically to cause harm.
Questions Presented
- Whether allegations that prison officials filed false conduct reports state a constitutional claim.
- Whether Hill stated a due-process claim based on disciplinary proceedings resulting in segregation.
- Whether Hill stated a First Amendment retaliation claim based on conduct reports allegedly motivated by prior lawsuits.
- Whether Hill stated an excessive-force claim based on officers allegedly jumping him and placing him in a chokehold.
Disposition
dismissed
Cases Cited (11)
- Schroeder v. Sawall, 747 F. App'x 429, 431 (7th Cir. 2019)(followed)
- Ealy v. Watson, 109 F.4th 958, 964 (7th Cir. 2024)(followed)
- Ealy v. Watson, 109 F.4th 958, 966 (7th Cir. 2024)(followed)
- Perez v. Fenoglio, 792 F.3d 768, 783 (7th Cir. 2015)(followed)
- Bridges v. Gilbert, 557 F.3d 541, 546 (7th Cir. 2009)(followed)
- Fillmore v. Page, 358 F.3d 496, 503 (7th Cir. 2004)(followed)
- Hudson v. McMillian, 503 U.S. 1, 6 (1992)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(followed)
- House v. Belford, 956 F.2d 711, 720 (7th Cir. 1992)(followed)
- Williams v. Faulkner, 837 F.2d 304, 308 (7th Cir. 1988)(followed)
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Cited In (0)
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Court Document
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