Wesley Ryan Anderson v. Matthew Glab, Nicholas Calabrese, Jon Jones, Josh Jacobs, and County of Kenosha

Summary

The United States District Court for the Eastern District of Wisconsin grants Wesley Ryan Anderson leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action. The court permits Fourteenth Amendment excessive-force claims to proceed against Matthew Glab, Nicholas Calabrese, Jon Jones, and Josh Jacobs based on allegations concerning Anderson’s removal from intensive care while in pain and not medically cleared for discharge. The court dismisses Kenosha County because the complaint does not allege an express policy, widespread custom, or final policymaker decision supporting municipal liability.

Holdings

1. Anderson’s motion for leave to proceed without prepaying the full filing fee was granted because he submitted the required certified prison trust-account statement and paid the assessed initial partial filing fee.
2. The complaint stated a Fourteenth Amendment claim against Glab, Calabrese, Jones, and Jacobs because the alleged force and removal of Anderson from the intensive care unit, despite his lack of medical clearance and significant pain, could be objectively unreasonable.
3. Anderson failed to state a municipal-liability claim against Kenosha County because he did not allege an express policy, widespread custom or practice, or decision by a final policymaking official that caused the alleged constitutional violation.

Questions Presented

1. Whether Anderson should be permitted to proceed without prepaying the full filing fee.
2. Whether the allegations plausibly stated a Fourteenth Amendment excessive-force claim against Officers Glab, Calabrese, Jones, and Jacobs.
3. Whether Anderson stated a municipal-liability claim against Kenosha County under Monell.

Disposition

other