Smith v. McCaughtry

DECISION and ORDER

MYRON L. GORDON, Senior District Judge.

On April 10, 1992, this court granted Vances H. Smith, currently incarcerated at the Waupun Correctional Institution, leave to proceed in forma pauperis in the above-captioned 42 U.S.C. § 1983 action. The defendants, the warden and the security director at Waupun, both employees of the state of Wisconsin, have filed a motion to dismiss the complaint for failure to state a claim, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, and, along with it, the action in its entirety.

The motion will be denied.

I

Mr. Smith makes the…