Piatek v. Baker - Document No. 3
Piatek v. Baker Doc.
3
Case 2:05-cv-01258-TJC Filed 12/08/2005 Page 1 of 2 Document 3
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
LARRY PIATEK,
Plaintiff, Case No. 05-C-1258
v.
JESS BAKER,
Defendant.
OPINION AND ORDER
Larry Piatek, a prisoner in state custody, has filed an action in which he
seeks three million dollars in compensatory and punitive damages pursuant to 42
U.S.C. § 1983 from a sheriff’s deputy from California. Piatek claims that the deputy
defamed him. Seventeen years ago the deputy was the victim of a crime committed
by Piatek who claims that the deputy sent a letter defaming him to a judge in Walworth
County, Wisconsin. The letter was introduced into the record of Piatek’s sentencing on
criminal charges arising out of incidents occurring in Wisconsin in 2002. Piatek claims
that he “lost business” due to the defamatory letter. Following the sentencing, Piatek
was incarcerated at the Waupun Correctional Institution.
Although Piatek has paid the filing fee in full, the court must still screen
his Complaint. See 28 U.S.C. § 1915A. See also Rowe v. Shake, 1916 F.3d 778, 781
(7th Cir. 1999). Having examined the record, the court concludes that the Plaintiff has
not stated a constitutional claim for injury to his reputation under the standards set forth
in Paul v. Davis, 424 U.S. 693 (1976) and its progeny. Therefore, the court ORDERS
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Case 2:05-cv-01258-TJC Filed 12/08/2005 Page 2 of 2 Document 3
that this action is dismissed with prejudice for failure to state a claim upon which relief
can be granted. See Federal Rule of Civil Procedure 12(b)(6).
IT IS FURTHER ORDERED that the Clerk of Court shall enter a final
judgment as a separate document. See Federal Rule of Civil Procedure 58. This
judgment shall provide that:
Plaintiff Larry Piatek brought this action against Defendant
Jess Baker before the court, the Honorable Thomas J.
Curran, District Judge, presiding, and the Complaint having
been dismissed for failure to state a claim upon which relief
can be granted,
IT IS ORDERED AND ADJUDGED
that this action is dismissed with prejudice.
Done and Ordered in Chambers at the United States Courthouse,
Milwaukee, Wisconsin, this 8th day of December, 2005.
s/ Thomas J. Curran
Thomas J. Curran
United States District Judge