Legister v. Schlei

CourtDistrict Court, E.D. Wisconsin
DecidedMarch 2, 2023
Docket2:22-cv-01416
StatusUnknown

This text of Legister v. Schlei (Legister v. Schlei) 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
Legister v. Schlei, (E.D. Wis. 2023).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

JOSHUA LEGISTER,

Plaintiff,

v. Case No. 22-cv-1416-bhl

POLICE OFFICER SCHLEI, POLICE OFFICER DAERING, SGT COLLINS, and MILWAUKEE COUNTY JAIL FACILITY,

Defendants.

SCREENING ORDER

Plaintiff Joshua Legister, who is currently serving a state prison sentence at the Dodge Correctional Institution and representing himself, filed a complaint under 42 U.S.C. §1983, alleging that his civil rights were violated. This matter comes before the Court on Legister’s motion for leave to proceed without prepaying the full filing fee and to screen the complaint. MOTION TO PROCEED WITHOUT PREPAYING THE FILING FEE Legister has requested leave to proceed without prepaying the full filing fee (in forma pauperis). A prisoner plaintiff proceeding in forma pauperis is required to pay the full amount of the $350.00 filing fee over time. See 28 U.S.C. §1915(b)(1). As required under 28 U.S.C. §1915(a)(2), Legister has filed a certified copy of his prison trust account statement for the six- month period immediately preceding the filing of his complaint and has been assessed and paid an initial partial filing fee of $71.80. Legister’s motion for leave to proceed without prepaying the filing fee will be granted. SCREENING OF THE COMPLAINT The Court has a duty to review any complaint in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity and must dismiss any complaint or portion thereof if the prisoner has raised any 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 screening a complaint, the Court must determine whether the complaint complies with the Federal Rules of Civil Procedure and states at least plausible claims for which relief may be granted. To state a cognizable claim under the federal notice pleading system, a plaintiff is required to provide a “short and plain statement of the claim showing that [he] is entitled to relief.” Fed. R. Civ. P. 8(a)(2). It must be at least sufficient to provide notice to each defendant of what he or she is accused of doing, as well as when and where the alleged actions or inactions occurred, and the nature and extent of any damage or injury the actions or inactions caused. “The pleading standard Rule 8 announces does not require ‘detailed factual allegations,’

but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). “The tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. A complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at 556. “[T]he complaint’s allegations must be enough to raise a right to relief above the speculative level.” Id. at 555 (internal quotations omitted). ALLEGATIONS OF THE COMPLAINT According to Legister, his car was hit by another car that was involved in a high-speed

chase. Legister asserts that he was subjected to an illegal search, but he provides no factual allegations about who searched him or his vehicle or why he or his vehicle were searched. He states that he was arrested after officers found his girlfriend’s registered gun in the glovebox of her car. Legister then states that he was made to sleep on a bench in District 4 for six days while he was transported back and forth to the hospital with his hands and feet shackled. Legister also asserts that he was injured and in a lot of pain, but once he arrived at the Milwaukee County Jail, he was denied medical attention and made to sleep on the floor in a freezing cell for several days. Again, Legister offers no details about his injuries, who denied him medical care, or who failed to address his complaints about the conditions of his cell. Finally, Legister states that, after he was transferred to the House of Correction (now known as the Milwaukee County Community

Reintegration Center), he “still received the same horrible treatment.” He further alleges that, after his family called to complain, Sgt. Collins came to his unit, cursed him out, and escorted him to the clinic while calling him names. Legister asserts that he has been “mistreated” and “threatened” by staff at the House of Correction on a regular basis, although he includes no details about how he was being mistreated and threatened or who was mistreating and threatening him. Dkt. No. 1 at 5-8. THE COURT’S ANALYSIS The Seventh Circuit has instructed that, pursuant to the controlling principle of Fed. R. Civ. P. 18(a), “[u]nrelated claims against different defendants belong in different suits” so as to prevent prisoners from dodging the fee payment or three strikes provisions in the Prison Litigation Reform Act. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). Specifically, Rule 18(a) provides that “[a] party asserting a claim . . . may join, as independent or alternate claims, as many claims as it has against an opposing party.” Fed. R. Civ. P. 18(a). Under this rule, “multiple claims against a

single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2.” George, 507 F.3d at 607. Moreover, George reminds district courts that Fed. R. Civ. P. 20 applies as much to prisoner cases as it does to any other case. Id. Under Rule 20, joinder of multiple defendants into one action is proper only if “any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and any question of law or fact common to all defendants will arise in the action.” Fed. R. Civ. P. 20. Legister’s complaint violates Rules 18 and 20 insofar as it advances unrelated claims against multiple sets of defendants. He purports to assert claims against Milwaukee police officers based on an alleged illegal search and seizure, claims against Milwaukee County Jail staff based

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