David D. Ebben v. Ken Lobenstein, B. Muller, and L. Washetas

Summary

The United States District Court for the Western District of Wisconsin dismissed David D. Ebben’s 42 U.S.C. § 1983 complaint without prejudice for failure to state a claim. The court held that the allegations did not sufficiently identify an actual injury or lost underlying claim supporting an access-to-courts claim, and that an official’s alleged failure to investigate a grievance was not independently actionable under § 1983. The court granted Ebben until January 9, 2026, to file an amended complaint.

Holdings

1. The complaint failed to state an access-to-the-courts claim because Ebben did not identify a specific nonfrivolous lawsuit or underlying claim that was lost or impeded, and he did not adequately connect defendants' conduct to an actual injury.
2. The allegation that Muller failed to investigate or correct the alleged wrongdoing did not state an actionable claim under § 1983.
3. The complaint was dismissed without prejudice for failure to state a claim, and Ebben was permitted to file an amended complaint addressing the identified deficiencies.

Questions Presented

1. Whether Ebben plausibly alleged an access-to-the-courts claim against Lobenstein and Washetas under 42 U.S.C. § 1983.
2. Whether Muller's alleged failure to investigate or correct Ebben's grievance stated an actionable claim under § 1983.
3. Whether the complaint should be dismissed without prejudice with an opportunity to amend.

Disposition

dismissed