Ashley Gandy v. Christopher Schmaling, et al.

CourtDistrict Court, E.D. Wisconsin
DecidedMay 22, 2026
Docket2:25-cv-01925
StatusUnknown

This text of Ashley Gandy v. Christopher Schmaling, et al. (Ashley Gandy v. Christopher Schmaling, et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashley Gandy v. Christopher Schmaling, et al., (E.D. Wis. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ ASHLEY GANDY,

Plaintiff, v. Case No. 25-cv-1925-pp

CHRISTOPHER SCHMALING, et al.,

Defendants. ______________________________________________________________________________

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYING FILING FEE (DKT. NO. 2), DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION TO APPOINT COUNSEL (DKT. NO. 4), DENYING PLAINTIFF’S MOTION FOR INJUNCTION (DKT. NO. 5), DENYING PLAINTIFF’S MOTION TO AMEND COMPLAINT (DKT. NO. 9) AND SCREENING COMPLAINT UNDER 28 U.S.C. §1915A ______________________________________________________________________________

Plaintiff Ashley Gandy, who is incarcerated at Racine Correctional Institution and is representing himself, filed a complaint under 42 U.S.C. §1983, alleging that the defendants violated his constitutional rights. This decision screens his complaint, dkt. no. 1, resolves the plaintiff’s motion for leave to proceed without prepaying the filing fee, dkt. no. 2, his motion to appoint counsel, dkt. no. 4, his motion for injunction, dkt. no. 5, and his motion to amend the complaint, dkt. no. 9. I. Motion for Leave to Proceed without Prepaying the Filing Fee (Dkt. No. 2)

The Prison Litigation Reform Act (PLRA) applies to this case because the plaintiff was incarcerated when he filed his complaint. See 28 U.S.C. §1915(h). The PLRA lets the court allow an incarcerated plaintiff to proceed with his case without prepaying the civil case filing fee. 28 U.S.C. §1915(a)(2). When funds exist, the plaintiff must pay an initial partial filing fee. 28 U.S.C. §1915(b)(1). He then must pay the balance of the $350 filing fee over time, through deductions from his prisoner account. Id. On December 17, 2025, the court ordered the plaintiff to pay an initial

partial filing fee of $5.45. Dkt. No. 7. The court received that fee on December 30, 2025. The court will grant the plaintiff’s motion for leave to proceed without prepaying the filing fee and will require him to pay remainder of the filing fee over time in the manner explained at the end of this order. II. Screening the Complaint A. Federal Screening Standard Under the PLRA, the court must screen complaints brought by incarcerated persons seeking relief from a governmental entity or officer or

employee of a governmental entity. 28 U.S.C. §1915A(a). The court must dismiss a complaint if the incarcerated plaintiff raises claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. §1915A(b). In determining whether the complaint states a claim, the court applies the same standard that it applies when considering whether to dismiss a case

under Federal Rule of Civil Procedure 12(b)(6). See Cesal v. Moats, 851 F.3d 714, 720 (7th Cir. 2017) (citing Booker-El v. Superintendent, Ind. State Prison, 668 F.3d 896, 899 (7th Cir. 2012)). To state a claim, a complaint must include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). The complaint must contain enough facts, accepted as true, to “state a claim for relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the

plaintiff pleads factual content that allows a court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). To state a claim for relief under 42 U.S.C. §1983, a plaintiff must allege that someone deprived him of a right secured by the Constitution or the laws of the United States, and that whoever deprived him of this right was acting under the color of state law. D.S. v. E. Porter Cnty. Sch. Corp., 799 F.3d 793, 798 (7th Cir. 2015) (citing Buchanan–Moore v. County of Milwaukee, 570 F.3d

824, 827 (7th Cir. 2009)). The court liberally construes complaints filed by plaintiffs who are representing themselves and holds such complaints to a less stringent standard than pleadings drafted by lawyers. Cesal, 851 F.3d at 720 (citing Perez v. Fenoglio, 792 F.3d 768, 776 (7th Cir. 2015)). B. The Plaintiff’s Allegations The plaintiff sues Racine County Sheriff Christopher Schmaling, Nurse/HSU Supervisor John or Jane Doe, Kitchen/Food Service Supervisor

John or Jane Doe, the Racine County Jail and “Health Care Company (unknown)”. Dkt. No. 1 at 1. The plaintiff alleges that on May 12, 2025, he was transported from a mental health facility to the Racine County Jail for court. Id. at 3. He says that his prescribed medications and medical restrictions accompanied him. Id. From May 12 through May 18, 2025, the jail’s nursing staff allegedly refused to administer the plaintiff his prescribed antipsychotic medications and steroid inhaler. Id. He alleges that the nursing staff refused to provide the medications “in an effort to provoke/induce a psychotic

episode/relapse of schizophrenic symptoms in [the plaintiff] so he would be debilitated cognitively thus they can more easily manufacture a conviction of a mentally disabled person.” Id. The plaintiff also alleges that while at the jail from May 12 through May 18, 2025, the kitchen/food service supervisor, nurse HSU supervisor and Sheriff Schmaling (whom he alleges is vicariously responsible for the actions of the supervisors) refused to provide the plaintiff his prescribed “no soy” diet despite having medical documents that said the plaintiff required the diet. Id.

at 4. The defendants allegedly refused to provide the diet “in an effort to starve [the plaintiff] and also incite him to become combative[.]” Id. The plaintiff claims that the defendants’ actions violated his Eighth Amendment rights and his rights under the Americans with Disabilities Act and the Rehabilitation Act. Id. For relief, he seeks monetary damages. Id. C. Analysis The plaintiff cannot sue the Racine County Jail under §1983. Section

1983 allows a plaintiff to sue a “person” who, acting under color of law, violates his constitutional rights. The Racine County Jail is not a person—it is not an individual subject to suit under §1983. It is true that under some circumstances, a municipality—which is not a person—may be sued under §1983. See Monell v. Dep’t of Social Serv’s of City of New York, 436 U.S. 658 (1978).

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Ashley Gandy v. Christopher Schmaling, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashley-gandy-v-christopher-schmaling-et-al-wied-2026.