Dennis Buford v. Randall Hepp, et al.

District Court, E.D. Wisconsin·Decided February 4, 2026·No. 2:25-cv-00896·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ DENNIS BUFORD,

Plaintiff, v. Case No. 25-cv-896-pp

RANDALL HEPP, et al.,

Defendants. ______________________________________________________________________________

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYING FILING FEE (DKT. NO. 2) AND SCREENING COMPLAINT UNDER 28 U.S.C. §1915A ______________________________________________________________________________

Plaintiff Dennis Buford, who is incarcerated at Wisconsin Secure Program Facility and is representing himself, filed a complaint under 42 U.S.C. §1983, alleging violations of his civil rights. This decision resolves the plaintiff’s motion for leave to proceed without prepaying the filing fee, dkt. no. 2, and screens his complaint, dkt. no. 1. 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 June 30, 2025, the court ordered the plaintiff to pay an initial partial filing fee of $116.72. Dkt. No. 5. The court received that fee on July 16, 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 construes liberally 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 alleges that he was confined at Waupun Correctional Institution during the events described in the complaint. Dkt. No. 1 at ¶4. He names as defendants twenty-four individuals employed at Waupun: Warden Randall Hepp, Deputy Warden Emily Popson, Security Director Yana Pusich, Lieutenant Matthew Burns, Captain Rymarkiewicz, Captain Greil, Sergeant Bailey, Lieutenant Gripentrog, Officer Feuerhammer, Officer Schumann, Officer Jane Doe, Sergeant Koontz, Officer Lehman, Sergeant Demmers, Officer Russell, Officer Fialkowski, Officer Kollman, Nurse Andrea, Nurse Jessica Hosfelt, Nurse Vick, Nurse Krainyk, Nurse Hiland, Health Services Manager Haseleau and Advanced Care Practitioner Susan Edwards. Id. at ¶¶5-28. The plaintiff alleges that on February 3, 2023, he was housed in the northwest cell hall along with his cellmate “CM,” who had a shank (a homemade knife) and a history of assaulting incarcerated individuals. Id. at ¶¶38-39. That day, two incarcerated persons (“tall suspect” and “short suspect”) allegedly approached the plaintiff’s cell and demanded that he give them all his canteen items or they would stab him with their shanks. Id. at ¶40. The plaintiff states that CM told defendant Officer Jane Doe, who was walking on the range, to open their cell door because the tall suspect lived there. Id. at ¶41. Jane Doe allegedly radioed to the control sergeant to open the door even though she saw that there already were two individuals (the plaintiff and CM) in a two-man cell. Id. The plaintiff alleges that after the cell door opened, CM left the cell and walked up the range with the short suspect while the tall suspect stared at Jane Doe, waiting for her to move. Id. at ¶42. When Jane Doe allegedly did not walk away, the tall suspect aborted the robbery and stabbing attempt, and CM returned to the cell and didn’t talk to the plaintiff as usual. Id. The plaintiff states that based on CM’s strange behavior, he believed that CM and/or the two suspects would again try to stab and rob him. Id. at ¶43. That night, the plaintiff allegedly wrote a request slip to defendant Burns providing details of the incident and asking Burns to talk to him or move him to another cell hall as soon as possible. Id. at ¶¶43-44.

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Dennis Buford v. Randall Hepp, et al., (E.D. Wis. 2026).

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