Jeffrey D. Leiser v. Cara Lenz, et al.

CourtDistrict Court, E.D. Wisconsin
DecidedMay 29, 2026
Docket2:25-cv-01621
StatusUnknown

This text of Jeffrey D. Leiser v. Cara Lenz, et al. (Jeffrey D. Leiser v. Cara Lenz, 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
Jeffrey D. Leiser v. Cara Lenz, et al., (E.D. Wis. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ JEFFREY D. LEISER,

Plaintiff, v. Case No. 25-cv-1621-pp

CARA LENZ, et al.,

Defendants. ______________________________________________________________________________

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYING FILING FEE (DKT. NO. 4), DENYING AS MOOT PLAINTIFF’S MOTION FOR INJUNCTIVE RELIEF (DKT. NO. 2) DENYING PLAINTIFF’S AMENDED MOTION FOR INJUNCTIVE RELIEF (DKT. NO. 10), AND SCREENING AMENDED COMPLAINT UNDER 28 U.S.C. §1915A ______________________________________________________________________________

Plaintiff Jeffrey D. Leiser, who is incarcerated at Redgranite Correctional Institution and is representing himself, filed an amended complaint under 42 U.S.C. §1983, alleging that the defendants had violated his constitutional rights. This decision resolves the plaintiff’s motion for leave to proceed without prepaying the filing fee, dkt. no. 4, and screens his amended complaint, dkt. no. 8. It also addresses the plaintiff’s motion and amended motion for injunctive relief, dkt. nos. 2, 10. I. Motion for Leave to Proceed without Prepaying the Filing Fee (Dkt. No. 4)

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 November 13, 2025, the court ordered the plaintiff to pay an initial

partial filing fee of $54.61. Dkt. No. 7. The court received that fee on December 8, 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 Amended 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 Cara Lenz, education director at Redgranite Correctional Institution; Daisy Chase, warden at Redgranite; K. Stumpner,

librarian; Eric C. Barber, deputy warden; T. Moon, inmate complaint examiner; E. Davidson, corrections complaint examiner at the Wisconsin Department of Corrections (DOC); and C. O’Donnell, secretary of the DOC. Dkt. No. 8 at 2-3. The plaintiff alleges that on April 11, 2025, Stumper informed him and other “jailhouse litigators” that the DOC had a new policy regarding jailhouse litigators helping other incarcerated individuals with their legal work, DAI 309.15.01. Id. at ¶3. The new policy, effective March 24, 2025, states:

G. PIOC [Person in Our Custody] to PIOC legal assistance

1. PIOC may request to work together on a legal case provided they live on the same housing unit.

2. PIOC shall obtain permission from the Education Director or Librarian to work together on legal matters.

a. Notification must be made in advance by submitting a DOC 0643 from both parties with the specific time and case being worked on.

b. No additional time will be granted and it must be on unit law library time.

c. The work shall be done during the regular law library time of the PIOC whose case is being prepared.

d. Only one storage device may be checked out. All work saved to this device must be in the PIOC’s name.

e. Only one work station shall be utilized for the PIOC who are working together on a legal case.

f. Assistance includes: advice, typing, research and proofreading.

g. Joint legal endeavors that do not meet the above criteria must utilize the US mail system.

3. Compensation of any kind for this assistance is prohibited.

Dkt. No. 10-1 at 1. Under the policy, the plaintiff allegedly can’t help incarcerated individuals with their legal work in person unless he and the other individual live on the same unit. Dkt. No. 8 at ¶5. The plaintiff alleges that if an incarcerated individual violates the policy, he is sent to segregation. Id. He states that the policy forces incarcerated individuals to use the DOC’s contracted mailing system, TextBehind, if they want assistance from a

jailhouse litigator who is not on the same unit. Id.

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