Greggory N. Brownelli v. Gary R‪.‬

DYKMAN, J. Brownelli is an inmate at the Waupun Correctional Institution. The Defendants are employees at the prison. McCaughtry is the Warden, Defendant Thome is a cell hall sergeant and Defendant Smith is a nurse in the Health Services Unit. Brownelli brought this action asserting that the prison failed to render him prompt and adequate medical care. The trial court granted the Defendants' motion for summary judgment and dismissed his complaint. On appeal, Brownelli contends that the trial court erred in construing his complaint as a claim pursuant to 42 U.S.C. § 1983 rather than an action for negligence under state law. He further argues that the Defendants were not entitled to summary judgment because genuine issues of material fact exist with respect to his negligence claim. We conclude that Brownelli's pro se complaint states a claim for negligence under state tort law. However, we hold that Brownelli's affidavits fail to present sufficient facts concerning his alleged injuries to preclude summary judgment on this claim. Therefore, we affirm. 1