Corey M. Campana v. Joan Koval, Amanda Schwensen, Damielle Pollock, Heather Egan, Officer Burg, and John/Jane Does

Summary

The United States District Court for the Western District of Wisconsin dismissed Corey Campana’s second amended civil-rights complaint without prejudice under 28 U.S.C. § 1915A(b). The court held that the alleged disciplinary actions, restrictions on hygiene items and writing materials, and brief cell confinement did not establish procedural due process, access-to-courts, or First Amendment retaliation claims. Campana was given 30 days to file another amended complaint addressing the identified defects.

Holdings

1. The alleged false conduct reports and punishments did not state a procedural due process claim because the plaintiff failed to allege a cognizable property or liberty interest implicated by the challenged deprivations.
2. The complaint failed to state an access-to-the-courts claim because the plaintiff did not allege a specific actual injury resulting from the deprivation of writing materials.
3. The complaint failed to state a First Amendment retaliation claim because the alleged actions were not sufficiently serious to deter a person of ordinary firmness from continuing protected activity.

Questions Presented

1. Whether the alleged disciplinary actions, brief cell confinement, deprivation of a pencil, and denial of shaving and fingernail-clipping privileges stated a procedural due process claim.
2. Whether the alleged deprivation of writing materials and vague reference to upcoming trial and motions deadlines stated an access-to-the-courts claim.
3. Whether the alleged false conduct reports, three-day cell confinement, and deprivation of a pencil constituted First Amendment retaliation.
4. Whether the complaint stated any claim warranting relief under 28 U.S.C. § 1915A.

Disposition

dismissed