Anderson v. Kevin Carr
2:24-cv-00563
E.D. Wis.May 16, 2025Background
- Cameron Williams, a prisoner at Waupun Correctional Institution, died after allegedly being denied medical care during a lockdown implemented by prison officials.
- Raven Anderson, representing Williams's estate, filed a federal civil rights lawsuit under 42 U.S.C. § 1983 and Wisconsin state law against prison officials Carr, Hoy, Hepp, and two John Doe correctional officers.
- Defendants moved for judgment on the pleadings and to dismiss certain claims, specifically targeting official capacity claims, supervisor liability claims under the Eighth Amendment, and state tort claims.
- Anderson amended her complaint, and the court made the second amended complaint the operative complaint.
- The court addressed whether Anderson stated valid claims against the supervisors and under state law, and considered compliance with procedural requirements (e.g., Wisconsin notice statute).
- After its analysis, the court dismissed all claims except the Eighth Amendment claim against the two John Doe correctional officer defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Official capacity claims | Defendants acted under color of law, not official capacity | Anderson did not intend to assert official capacity claims | Dismissed; no official capacity claim intended/pled |
| Eighth Amendment supervisor liability | Supervisors knew of deficient policies impacting care | Supervisors not personally responsible; allegations too general | Dismissed; allegations insufficiently specific |
| State law tort claims | Gross negligence = medical malpractice; thus, no notice req. | Did not comply with notice statute; non-doctors can't be sued | Dismissed; notice required, non-medical staff ineligible |
| Motion for judgment on the pleadings | N/A (superseded by amendment) | Sought dismissal based on prior complaint | Denied as moot (superseded by amendment) |
Key Cases Cited
- Monell v. Dept. of Soc. Servs. of City of New York, 436 U.S. 658 (municipal liability under § 1983 requires action pursuant to official policy or custom)
- Adams v. City of Indianapolis, 742 F.3d 720 (Rule 12(b)(6) motion requires plausible factual allegations)
- Buchanan–Moore v. Cty. of Milwaukee, 570 F.3d 824 (elements for a § 1983 claim)
- Hildebrant v. Ill. Dep’t of Nat. Res, 347 F.3d 1014 (personal involvement required for liability under § 1983)
- Sanville v. McCaughtry, 266 F.3d 724 (respondeat superior inapplicable under § 1983)