Larry George, one of Wisconsin’s prisoners, sued 24 persons who have had some role in his confinement — guards, wardens, nurses, members of the parole board, and more. His sprawling complaint charges some defendants with failing to provide adequate medical care, others with censoring his mail, yet others with mishandling his applications for parole, and so on. The district court dismissed some of his claims on the pleadings, see
In allowing George to pursue this mishmash of a complaint, the district court may have been influenced by
Boriboune v. Berge,
This means that the second sentence of Rule 20(a) — “All persons ... may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action” — is as applicable as the first sentence. A buckshot complaint that would be rejected if filed by a free person — say, a suit complaining that A defrauded the plaintiff, B defamed him, C punched him, D failed to pay a debt, and E infringed his copyright, all in different transactions — should be rejected if filed by a prisoner. George did not make any effort to show that the 24 defendants he named had participated in the same transaction or series of transactions or that a question of fact is “common to all defendants”.
When a prisoner does file a multi-claim, multi-defendant suit, the district court should evaluate each claim for the purpose of § 1915(g).
Boriboune
observed: “when
any claim
in a complaint or
George presents six issues on appeal, but most of these have multiple sub-issues. For example, his first “issue” is: “Was Plaintiffs books and magazines denied for a valid reason?” George ordered lots of publications, and some of them were turned away as pornographic or because they contained gang-related signals. The district court articulated the right rules for the evaluation of these claims under the first amendment, took evidence (some of it in secret to prevent prisoners from learning the prison’s security criteria), and concluded that the prison’s reasons for withholding the books and magazines are sufficient under decisions such as
Turner v. Safley,
Only a few of George’s arguments call for analysis. One concerns an “atlas” that George ordered. The prison refused to allow its entry, explaining that it might help prisoners plan escapes. That’s a sound reason in theory, but George retorts that the prison library itself contains maps and atlases. A prison could not invoke security as a reason to exclude publications that prisoners may read in the library, and which they may copy out for use in their cells. But maybe this “atlas” was more worrisome. We have put the word in quotations because all we know about the book is that George applies that label to it. When the guards declined to allow George to receive the volume, he directed them to send it elsewhere, and they complied. George has not described the book in the complaint, produced it in discovery, or provided a title or ISBN that would allow the court to evaluate the prison’s claims about its potential effect on security. Plaintiffs need not plead facts, see
Erickson v. Pardus,
— U.S. —,
The prison refused to allow George to have a newsletter from the Jeff Dicks Medical Coalition, informing him that it was a fund-raising proposal that prisoners are not entitled to possess — not so much because any one prisoner is forbidden to make charitable contributions (if he has more than he needs to pay his fines, restitution, and filing fees under the PLRA) but because prisoners are not entitled to
George maintains that the prison has refused to allow him to speak to the public at large by placing advertisements in newspapers. That advertisements can be protected speech is clear. See, e.g.,
New York Times Co. v. Sullivan,
Finally, a brief word about George’s claims against the defendants who handled his administrative protests concerning the events covered by the complaint. The district court held that these officials are entitled to absolute immunity. That conclusion is difficult to reconcile with
Cleavinger v. Saxner,
All of George’s other arguments are well handled in the • district court’s lengthy opinions.
Affirmed
