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 …
Court Rejects Challenge to Newspaper Ban in SHU by On May 9, 2008, U.S. District Judge William Griesbach rejected a challenge by a Wisconsin prisoner to a newspaper ban in the SHU. Jose Soto was placed in an administrative confinement (SHU) at the Portage, Wisconsin prison facility for rule infractions. …
$295,000 Award to Wisconsin Prisoner in Moldy Mattress Case Reduced by Court by On September 17, 2008, a Wisconsin federal jury awarded a prisoner $295,000 for violation of his constitutional rights. Specifically, the jury found that state prisoner Reggie Townsend was “denied the minimal civilized measure of life’s necessities.” After …
Oxford Federal Facility Sticks Company For Two Thirds Of Recycling Bill by Wisconsin state recycling company, Bickford, Inc., filed suit in 1997 against the Federal Correctional Institution (FCI) in Oxford for the non payment of a $1,800 invoice for the disposal of lighting ballasts. The suit settled for $660 in …
Townsend v. Allen, WI, Settlement, conditions mattress, 2009 Case: 3:05-cv-00204-bbc Document # : 247 Filed: 02/25/2009 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN REGGIE TOWNSEND, Plaintiff, v. Case No. 05-C-204-C JERRY ALLEN , Defendant. STIPULATED ORDER OF DISMISSAL The undersigned hereby stipulate that …
Seventh Circuit Upholds False Disciplinary Charges; Due Process Violation in Transfer to Supermax Voluntarily Dismissed by The Seventh Circuit Court of Appeals affirmed a district court’s order dismissing a prisoner’s claim that guards violated his due process rights by fabricating a disciplinary charge and then finding him guilty based upon …
