Ellison v. Maciejewski
2:23-cv-01447
E.D. Wis.Mar 26, 2024Background
- Plaintiff Deshawn Ellison, an incarcerated person at Green Bay Correctional Institution, filed a pro se §1983 complaint against Officer Dylan Maciejewski.
- Ellison alleges that on May 22, 2023, Officer Maciejewski opened his cell door at the request of another inmate, who then entered and assaulted Ellison.
- Ellison claims this action violated DOC protocol and directly led to the assault, causing him to receive a conduct report and suffer ongoing anxiety.
- Ellison seeks compensatory and injunctive relief under the Eighth Amendment for failure to protect.
- The court considered Ellison’s motion to proceed without prepaying the filing fee and screened the complaint under 28 U.S.C. §1915A.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment—Failure to Protect | Maciejewski's actions knowingly exposed Ellison to harm by opening his cell to an aggressor. | Not yet provided (responsive pleading ordered). | Sufficient facts alleged; claim may proceed against defendant. |
| Leave to Proceed Without Prepayment | Ellison is indigent and paid partial filing fee; should be allowed to proceed. | N/A | Granted; partial fee received; remainder to be collected in installments. |
| Screening Under §1915A | Complaint states a plausible claim for relief under §1983. | N/A | Complaint survives screening; defendant must respond. |
Key Cases Cited
- Farmer v. Brennan, 511 U.S. 825 (prison officials liable under the Eighth Amendment if they act with deliberate indifference to the risk of harm from other inmates)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard requires facial plausibility)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (complaint must state enough facts to be plausible)
- D.S. v. E. Porter Cnty. Sch. Corp., 799 F.3d 793 (elements for a §1983 claim)
- Cesal v. Moats, 851 F.3d 714 (liberal construction for pro se complaints)
