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Ellison v. Maciejewski
2:23-cv-01447
E.D. Wis.
Mar 26, 2024
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Background

  • 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)
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Case Details

Case Name: Ellison v. Maciejewski
Court Name: District Court, E.D. Wisconsin
Date Published: Mar 26, 2024
Docket Number: 2:23-cv-01447
Court Abbreviation: E.D. Wis.