Washington v. Krause et al
Filing
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ORDER that plaintiff Kevin Joseph Washington Jr. may have until February 17, 2025, to submit an amended complaint as directed in this opinion. Signed by District Judge James D. Peterson on 1/27/2025. (lam),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KEVIN JOSEPH WASHINGTON, JR.,
Plaintiff,
v.
KRAUSE, MICHAEL GLASS, and WINKLER,
OPINION and ORDER
24-cv-821-jdp
Defendants.
Plaintiff Kevin Joseph Washington Jr., proceeding without counsel, is currently
incarcerated at Green Bay Correctional Institution. Washington alleges that he injured his
finger in his cell’s trap door and received inadequate medical care for his injuries. He filed this
lawsuit in the United States District Court for the Eastern District of Wisconsin; that court
allowed him to proceed without prepayment of any portion of the filing fee, Dkt. 8, and
transferred the case to this court, Dkt. 9.
The next step is for me to screen Washington’s complaint and dismiss any portion that
is legally frivolous or malicious, fails to state a claim upon which relief may be granted, or asks
for money damages from a defendant who by law cannot be sued for money damages. 28 U.S.C.
§§ 1915 and 1915A. In doing so, I must accept his allegations as true and construe the
complaint generously, holding it to a less stringent standard than formal pleadings drafted by
lawyers. Arnett v. Webster, 658 F.3d 742, 751 (7th Cir. 2011). I conclude that Washington’s
current allegations don’t properly place defendants on notice of his federal claims against them,
but I will give him a chance to file an amended complaint to better explain his claims.
ANALYSIS
Washington’s allegations are somewhat difficult to understand, but I take him to be
saying that defendant Sergeant Krause negligently shut the “trap” door of Washington’s cell
on Washington’s finger. Washington received medical care the next day. He continued to suffer
pain, but an unidentified nurse didn’t get him more or better pain medication.
These allegations likely state at least two claims: an Eighth Amendment claim for relief
against the unidentified nurse who didn’t help him after he complained of continued pain, and
a Wisconsin-law negligence claim against Krause for closing the door on his finger. But
Washington doesn’t explain who the nurse is; I can’t tell if he means that it was the nurse he
names in the complaint, defendant Nurse Winkler. He also names Michael Glass as a defendant
but he doesn’t explain Glass’s job title or explain his role in the events. I also can’t tell if
Washington means to bring claims against any of the defendants for failing to help him the
day of the incident instead of waiting for the day after; if he does, he doesn’t explain which
defendants are responsible for that violation.
Washington’s allegations are not clear enough to put defendants on notice of his federal
claims against them, so I will order him to submit an amended complaint fixing his pleading
problems. In drafting his amended complaint, Washington should remember to do the
following:
?
Carefully consider whether he is naming proper defendants and omit defendants
who did not personally cause or participate in a violation of his rights.
?
Identify all of the individuals who he wishes to sue in the caption of the
complaint.
?
Describe simply and concisely what actions he believes that each defendant took
that violated his rights, using separate, numbered paragraphs. In particular, he
should explain who failed to give him medical care after he complained of
continued pain.
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ORDER
IT IS ORDERED that:
1. Plaintiff Kevin Joseph Washington Jr. may have until February 17, 2025, to submit
an amended complaint as directed in the opinion above.
2. The clerk of court is directed to send plaintiff a copy of the court’s prisoner
complaint form.
Entered January 27, 2025.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge
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