Czapiewski v. Kawalski
2:25-cv-00193
| E.D. Wis. | May 19, 2025Background
- David Czapiewski, an incarcerated individual at Green Bay Correctional Institution, filed a pro se complaint under 42 U.S.C. § 1983, alleging constitutional violations related to his medical care.
- Czapiewski suffers from schizoaffective and anxiety disorders, requiring regular Aripiprazole (Abilify) injections.
- He alleges a significant delay (three weeks) in his receipt of medication due to Nurse Clinician Joseph Kawalski's failure to schedule his next injection, resulting in substantial mental and physical health consequences.
- The court granted Czapiewski's motions to proceed without prepayment of the filing fee and to file a third amended complaint; other motions relating to prior pleadings were denied as moot.
- The court screened the operative third amended complaint under the Prison Litigation Reform Act.
- Czapiewski’s request for a preliminary injunction seeking transfer to another institution was denied due to lack of sufficient evidence of ongoing harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proceeding without prepaying filing fee | Czapiewski cannot afford the fee due to incarceration | Not disputed | Motion granted; he may proceed without prepaying the filing fee |
| Amended complaints & operative pleading | Seeks to file third amended complaint to address deficiencies | Not disputed | Third amended complaint accepted as operative; prior related motions denied as moot |
| Eighth Amendment deliberate indifference claim | Delay in medication constituted cruel and unusual punishment with actual harm suffered | Not presented (not yet served/answered) | Sufficiently pleaded for screening; claims against both defendants may proceed |
| Preliminary injunction for transfer | Claims risk of further retaliation and harm, requests institution transfer | Not presented | Motion denied; no showing of imminent or ongoing harm warranting extraordinary relief |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (Deliberate indifference to serious medical needs violates Eighth Amendment)
- Ashcroft v. Iqbal, 556 U.S. 662 (Standard for facial plausibility of claims in pleadings)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (Plausibility requirement for claims in complaints)
- Farmer v. Brennan, 511 U.S. 825 (Deliberate indifference standard—official must know of and disregard a substantial risk)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (Standard for granting preliminary injunction—extraordinary remedy only on clear showing)