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WI Sex Offender Wrongly Forced to Consent to Videotaping of Treatment Sessions

Dennis Thiel, a Wisconsin state prisoner, was committed as a sexually violent person to the state Department of Health and Family services (DHFS). He sued DHFS personnel in state court for withholding treatment from him because he wouldn't consent to videotaped treatment sessions, asking only for injunctive relief, and on other claims sought monetary relief. Thiel didn't file a notice of claim with the state Attorney General's office before filing suit. The DHFS filed a motion for summary judgment.

On summary judgment, the Court dismissed all of Thiel's claims for money damages because he didn't file a notice of claim as required by Wis. Stat. § 893.82(3). The Court, however, recognized that Wis. Stat. § 51.61(1)(o) precluded DHFS from forcing Thiel to participate in taped treatment sessions, and granted summary judgment to Thiel on that claim. See: Thiel v. Dept. of Health and Family Services, State of Wis. Circuit Court, Branch 12, Case No. 00-CV-2745 (2003).

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Related legal case

Thiel v. Dept. of Health and Family Services