William Joseph Somers v. Robert Schotzko, Rob Eisentrout and John/Jane Does 1/10

Summary

The United States District Court for the Eastern District of Wisconsin grants William Joseph Somers leave to proceed in forma pauperis but dismisses his complaint at screening. The court concludes that Somers has not plausibly alleged a First Amendment retaliation claim under 42 U.S.C. § 1983 against the defendants or a related civil conspiracy claim. Somers is granted until March 20, 2026, to file an amended complaint, or the case will be dismissed with prejudice.

Holdings

1. Somers's sworn financial assertions established that he was unable to pay the filing fee, so the court granted leave to proceed in forma pauperis.
2. To state a claim under 42 U.S.C. § 1983, a plaintiff must identify a person acting under color of state law who violated a federal right.
3. A First Amendment retaliation claim requires plausible allegations that the plaintiff engaged in protected activity, suffered a deprivation by a state actor likely to deter future protected activity, and that the protected activity was at least a motivating factor in the retaliatory action.
4. The complaint did not state a § 1983 civil-conspiracy claim because conspiracy is not an independent basis of liability and the underlying First Amendment retaliation claim failed.
5. A pro se plaintiff must be afforded one opportunity to amend when the pleading deficiencies may be curable, so Somers was given thirty days to file an amended complaint.

Questions Presented

1. Whether Somers qualified to proceed in forma pauperis based on his financial affidavit.
2. Whether the complaint stated a plausible First Amendment retaliation claim under 42 U.S.C. § 1983 against the private defendant, the unidentified defendants, or Schotzko.
3. Whether the complaint stated a civil-conspiracy claim under 42 U.S.C. § 1983 when the underlying First Amendment retaliation claim failed.
4. Whether Somers should receive an opportunity to amend before dismissal with prejudice.

Disposition

dismissed