Gordon, Samterious v. Brown et al
Filing
13
ORDER that the screening order in this case, dkt. # 8 , is AMENDED to state that plaintiff Samterious Gordon is GRANTED leave to proceed claims on that defendants Mr. Brown, CO Cross, CO Fondorf and CO Cebers were negligent with respectto his need for dental care. Signed by District Judge Barbara B. Crabb on 5/30/2018. (nln),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - SAMTERIOUS GORDON,
ORDER
Plaintiff,
18-cv-176-bbc
v.
DENTIST MR. BROWN, CO CROSS,
CO FONDORF and CO CEBERS,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - In an opinion and order dated May 16, 2018, I granted pro se plaintiff Samterious
Gordon leave to proceed on claims that defendants Mr. Brown, CO Cross, CO Fondorf and
CO Cebers violated his rights under the Eighth Amendment by failing to provide him dental
care. I stayed a decision on plaintiff’s request to proceed on state law negligence claims
against defendants because plaintiff had not stated whether he satisfied Wisconsin’s notice
of claim statute, Wis. Stat. § 893.82. Plaintiff has responded, stating that he submitted a
notice of claim to the attorney general before filing this lawsuit. Dkt. #9. Based on
plaintiff’s response, I conclude that plaintiff may proceed with negligence claims against
defendants based on the same allegations concerning his dental needs that support his Eighth
Amendment claims.
ORDER
IT IS ORDERED that the screening order in this case, dkt. #8, is AMENDED to
1
state that plaintiff Samterious Gordon is GRANTED leave to proceed claims on that
defendants Mr. Brown, CO Cross, CO Fondorf and CO Cebers were negligent with respect
to his need for dental care.
Entered this 30th day of May, 2018.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?