Wisconsin: Taycheedah Lawsuit Set for Trial by Michael Brodheim On November 24, 2009, a U.S. District Court judge in Wisconsin substantially denied prison officials’ motion for partial summary judgment and set for trial a class-action suit that alleges medical and mental health care provided to female prisoners at Taycheedah Correctional …
Wisconsin County Pays $750,000 to Settle Jail Sex Abuse Suit by A woman who was sexually assaulted at a jail in Monroe County, Wisconsin has received $750,000 as part of a settlement in a federal civil rights case. While awaiting trial on charges of felony battery of a police officer, …
Fields v. Smith, 7th Cir, Plf Brief, WI transgender hormone medical class certification, 2010 Nos. 10-2339 and 10-2466 In the United States Court of Appeals For the Seventh Circuit ANDREA FIELDS, et al., Plaintiffs-Appellees, Cross-Appellants, v. JUDY P. SMITH, et al., Defendant-Appellants, Cross Appellees. ) ) ) ) ) ) …
$1,500 Settlement for Wisconsin Prisoner’s Cold Cell Conditions Claim by The Wisconsin Department of Corrections paid $1,500 to settle a prisoner’s lawsuit alleging violations of his Eighth Amendment rights by being subjected to cold cell temperatures. Waupan Correctional Institution prisoner Jevon D. Jackson filed a civil rights action for being …
17,698 DNA Profiles Missing from Wisconsin Database by Matthew Clarke by Matt Clarke In September 2009, Wisconsin officials discovered that the profiles of 17,698 convicted felons were missing from the state’s DNA database. An investigation into Milwaukee serial killer suspect Walter E. Ellis revealed that his DNA was not in …
Wisconsin Federal Court Discusses Censorship of “Gang Material” in Prisons by In ruling that prison officials, in part, violated a prisoner’s First Amendment free speech rights by disciplining him for having gang-related literature, a Wisconsin federal district court provided an engrossing discussion on the factors that would make such literature …
Wisconsin Enacts New Early Release Law by Matthew Clarke by Matt Clarke When Wisconsin Governor Jim Doyle signed legislation to grant early release to certain prisoners, he just couldn’t win. “It went too far,” said Republicans. “It didn’t go far enough,” retorted his fellow Democrats. What in fact Governor Doyle …
Remedial Sanctions Denied in Wisconsin Class-Action Jail Suit by Jimmy Franks In July 2009, the Supreme Court of Wisconsin entered an opinion reversing an appellate court’s decision that instructed a lower court to order remedial damages in a class-action lawsuit filed on behalf of Milwaukee County jail prisoners. The suit …
Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 by The U.S. Court of Appeals for the Seventh Circuit has reversed, for the second time, a grant of summary judgment to two Bureau of Prisons (BOP) medical employees and the United States …
Post-Incarceration Name-Change Places Undue Burden on State by In a decision filed on June 16, 2009, a Wisconsin appeals court affirmed a circuit court's ruling to deny a prisoner's motion to amend his Judgment of Conviction to reflect his common law spiritual name. Jermaine Smith, a prisoner at the Green …
$73,000 Settlement for Denial of Pain Medication to Wisconsin Prisoner by Matthew Clarke by Matt Clarke On January 6, 2009, Wisconsin settled a lawsuit brought by a state prisoner who complained of guards preventing him from receiving his pain medication when he was in intense pain, then retaliating against him …
Wisconsin Courts Sealing Cases by David Reutter by David M. Reutter A basic principle of the American court system is that the public has a right to know what happens in the nation’s courtrooms. In Wisconsin, however, that principle has been compromised to protect certain parties in court proceedings, including …
Wisconsin Sheriff Lacks Authority to Implement Private Food Vendor by The Wisconsin Supreme Court has held that a Sheriff does not have constitutional authority to hire and fire personnel providing food service at a county jail. The Court’s ruling came in an appeal filed by unions that represent employees of …
Scheffler v. County of Dunn, WI, Opinion and Order, Video Footage Request Denial, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - …
Same Sex Guard Requirement Violates Title VII by The Seventh Circuit Court of Appeals held that a correctional institution was wrong for changing its policy to exclude guards from supervising prisoners of the opposite sex on certain shifts. The Court did, however, deny claims of workplace harassment and retaliation. In …
$30,000 Settlement in Milwaukee Jail Death by The City of Milwaukee and other city officials settled a case involving a man who died in jail for $30,000. The case was published in April 2008. Felix Hopgood, 38, was arrested for shoplifting in July 2003. About 2½ hours after his arrest, …
State Where Claim Arose Controls Section 1983 Limitations Period by The Seventh Circuit Court of Appeals has held that a Wisconsin prisoner who sued for injuries under 42 U.S.C. §1983 that occurred while at a Corrections Corporation of America (CCA) facility is bound by the statute of limitations of the …
No Liberty Interest in Wisconsin Home Detention Program, Prisoner Waived Rights by On April 24, 2008, the U.S. Court of Appeals for the Seventh Circuit held that a prisoner has no protected liberty interest in participating in a Wisconsin home detention program (HDP) when a prisoner waives his rights. James …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
Prison Guard wins $18,000 in Discrimination Suit Against DOC by An African-American prison guard at Wisconsin's Jackson Correctional Facility filed suit against the DOC and two prison officials under Title VII of the Civil Rights Act of 1964. The plaintiff, Sergeant Davis, had recently been demoted after a hearing regarding …
