Schoenrock, Corey v. State of Wisconsin, 3:12-cv-00395

Schoenrock, filing in forma pauperis, sues Saint Michael’s Hospital in the Western District of Wisconsin for civil rights violations arising from a head injury and hospital non-reporting to law enforcement.
Amended complaint alleges the hospital failed to call law enforcement after the June 24, 2001 injury at Lake Emily Park, caused by Jeremy Losinski.
Court screened the complaint under 28 U.S.C. § 1915(e)(2) for frivolity or failure to state a claim.
Plaintiff seeks relief under 42 U.S.C. § 1983, arguing the hospital acted under color of law via its handling of the injury.
Court holds the hospital is not a state actor and did not act under color of law; no § 1983 claim against the hospital.
Although the court notes a potential statute of limitations issue under Wis. Stat. § 893.53, it declines to dismiss on that ground because the defense may be waived.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the amended complaint states a § 1983 claim against the hospital	Schoenrock argues hospital violated civil rights by not reporting the injury.	Hospital did not act under color of law; not a state actor.	No § 1983 claim; dismissal for failure to state a claim.
Whether the hospital acted under color of state law	Hospital's actions implicated constitutional rights via non-reporting.	Hospital staff did not act under government authority or in concert with officials.	Not under color of law; no cognizable § 1983 claim.
Whether the claim is barred by the statute of limitations	Injury occurred in 2001; timely under applicable Wisconsin statute.	Wis. Stat. § 893.53 concerns six-year personal injury limitations.	The statute-of-limitations issue is noted but not grounds for dismissal; waivable defense.

Neitzke v. Williams, 490 U.S. 319 (1989) (frivolousness standard for § 1915 dismissal)
Haines v. Kerner, 404 U.S. 519 (1972) (pro se pleadings construed liberally)
Gray v. Lacke, 885 F.2d 399 (7th Cir. 1989) (statute-of-limitations considerations in § 1983 cases)