Jordan v. Eckstein

CourtDistrict Court, E.D. Wisconsin
DecidedOctober 20, 2020
Docket2:19-cv-01314
StatusUnknown

This text of Jordan v. Eckstein (Jordan v. Eckstein) 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
Jordan v. Eckstein, (E.D. Wis. 2020).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ OCTAVIUS JORDAN,

Plaintiff, v. Case No. 19-cv-1314-pp

WARDEN SCOTT ECKSTEIN, STEVE SCHUELER, JOHN KIND, JON LITSCHER, CATHY JESS, STEPHANIE CUMMINGS, DR. HARRIS-FORLLES, A. DEGROOT, MRS. CLEARY, MARK EITING, R RITCHIE, SHARON PIERCE, LT. WICKMAN, E. DAVIDSON, C. O’DONNELL, JAMES GREER, SGT. ROSE, JOHN OR JANE DOES, Psychiatrists, JOHN OR JANE DOE, BHS Psychology Director and CAPT. BAUMANN,

Defendants. ______________________________________________________________________________

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYING FILING FEE (DKT. NO. 3) AND SCREENING COMPLAINT UNDER 28 U.S.C. §1915A ______________________________________________________________________________

Octavius Jordan, who is confined at Fox Lake Correctional Institution and representing himself, filed a complaint under 42 U.S.C. §1983, alleging that the defendants violated his rights under federal law. This decision resolves the plaintiff’s motion for leave to proceed without prepaying the filing fee, dkt. no. 3, and screens his complaint, dkt. no. 1. I. Motion for Leave to Proceed without Prepaying the Filing Fee (Dkt. No. 3)

The Prison Litigation Reform Act (PLRA) applies to this case because the plaintiff was a prisoner when he filed his complaint. See 28 U.S.C. §1915(h). The PLRA allows the court to give a prisoner plaintiff the ability to proceed with his case without prepaying the civil case filing fee. 28 U.S.C. §1915(a)(2). When funds exist, the prisoner 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 September 20, 2019, the court ordered the plaintiff to pay an initial partial filing fee of $6.25. Dkt. No. 5. The court received that fee on October 15, 2019. The court will grant the plaintiff’s motion for leave to proceed without prepaying the filing fee and will require him to pay the 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 prisoners

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 prisoner 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 Cty. Sch. Corp., 799 F.3d 793, 798 (7th Cir. 2015) (citing Buchanan–Moore v. Cty. 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 At the time of the events described in the complaint, the plaintiff was incarcerated at the Green Bay Correctional Institution (Green Bay). Dkt. No. 1.

He is suing Scott Eckstein, warden; Steve Schueler, deputy warden; John Kind, security director; Jon Litscher, secretary of the Wisconsin Department of Corrections (DOC); Cathy Jess, DOC deputy secretary; Stephanie Cummings, dorm unit supervisor; Dr. Harris-Forlles, psychologist; A. DeGroot, institution complaint examiner; Mrs. Cleary, social worker; Mark Eiting, financial program supervisor; R. Ritchie, store/canteen supervisor; Sharon Pierce, store/canteen supervisor; Lt. Wickmann; E. Davidson, corrections complaint examiner; C. O’Donnell; James Greer, director of the Bureau of Health Services; Sgt. Rose;

Captain Baumann; John or Jane Does, psychiatrists; John or Jane Doe, Bureau of Health Services psychology director; and Capt. Baumann. Id. at 2-4. The plaintiff alleges that on October 15, 2017, he was transferred from his prison job at the canteen/store to a job with Badger State Industries.1 Id. at 5. Based on DOC and Green Bay policy, he had to move from his single cell in the North Cell Hall to the dorm, which is an open, independent living environment that holds 117 inmates. Id. The plaintiff says that two months after he started his new job and moved to the dorm, his mental health

condition began to deteriorate. Id. The plaintiff, who states that he suffers from schizophrenia, depression and post traumatic stress disorder, became paranoid, depressed and suicidal, thinking that inmates around him were out to get him and to do him harm. Id. at 5-6. He alleges that exposure to so many people in the dorm gave him anxiety attacks and increased his racing thoughts, and he started requesting to be moved back to the North Cell Hall or the medical unit. Id. at 6.

The plaintiff alleges that on December 24, 2017, he wrote a psychological services request to his psychologist, defendant Dr. Harris-Forlles, asking to be

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Bluebook (online)
Jordan v. Eckstein, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-eckstein-wied-2020.