HIV Status Allows Plaintiff to Proceed Anonymously by The plaintiff was arrested, told the police he was HIV positive, and they put a pink sign saying HIV POSITIVE INMATE on his cell door in the police lockup (this in 1997!). The fact that a case involves a medical issue or …
BOP Early Release Suit Subject to PLRA by The Bureau of Prisons' determination that petitioner is ineligible for early release is something that happened at the prison rather than a continuation of the criminal case, so the PLRA applies, rather than habeas rules. The petitioner filed a notice of appeal. …
No Liability for Jail Prisoner’s Suicide by No Liability for Jail Prisoner's Suicide The decedent, diagnosed as schizophrenic, was arrested on outstanding warrants. Jail personnel were notified that he was an escape risk and he was placed in a suicide watch cell. The officer on duty the next day was …
No Restriction on Moving Wisconsin Prisoners to Private Out of State Prisons by The plaintiff sought an injunction against his transfer to a private prison in Texas or Tennessee. His commitment to the "Wisconsin State Prisons" as opposed to the "Wisconsin Department of Corrections" does not mean he has a …
Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke by Matt Clarke Last September produced a bumper crop of prison and jail escapes around the country, including a desperate escape by two Texas prisoners that resulted in the death of a guard, a car jacking and two shootouts. Plus a …
Federal Suit Over Wisconsin Suicide Attempt Settles for Millions by Michael Rigby On February 22, 2007, a lawsuit against employees of the Monroe County Jail in Wisconsin settled for between $6,100,000 and $13,100,000. The suit alleged deliberate indifference in a suicide attempt that left a prisoner permanently disabled In 2002, …
Native American Legally Civilly Committed by The Seventh Circuit Court of Appeals has upheld a ruling by the Wisconsin Supreme Court that allows a Native American to be involuntarily committed as a sexually violent person. The Seventh Circuit's ruling relies substantially on the Anti-Terrorism and Effective Death Penalty Act (AEDPA) …
Notice Pleading Requirement, Not Factual Pleading, Applies to Access to Courts Claim by The Seventh Circuit Court of Appeals has held that a prisoner bringing a right of access to the courts claim need only satisfy the notice pleading requirement, but must allege that the prisoner lost a case or …
WI Sex Offender Wrongly Forced to Consent to Videotaping of Treatment Sessions by 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 …
Lawsuit Against WI Supermax Settled for $475,000; General Population Prisoners Fill Beds by In January 2007, Wisconsin officials settled a federal lawsuit filed by a prisoner at the state?s former Supermax facility at Boscobel, now called the Wisconsin Secure Program Facility (WSPF). Canyon Thixton, who arrived at the maximum security …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Wisconsin Felon Convicted of Voter Fraud for Voting by The Seventh Circuit Court of Appeals has affirmed the conviction of a convicted felon for voter fraud. During the 2004 election cycle, Kimberly Prude was serving a term of supervised release for a forgery conviction in Wisconsin. Under Wisconsin law, Prude …
Disclosure of HIV-Status is Constitutional and Tort Claim in Wisconsin by On August 29, 1991, a Wisconsin court of appeals held that a trial court should not have granted jail officials' motion for summary judgment on a prisoner's Constitutional- and tort-based claims for publicizing his HIV status. Roger M. Hillman, …
Summary Judgment Reversed on Denial of Prisoner Atheist Group by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed a summary judgment against a Wisconsin state prisoner whose request to form a prisoner atheist group was denied by the Wisconsin Department of …
Wisconsin Jail Heart Attack Case Settled for $25,000 by Waukesha County, Wisconsin, paid a prisoner $25,000 to settle claims related to a heart attack he suffered while imprisoned. Mr. Blavat was denied his prescribed heart medication while confined in Waukesha County Jail, causing him to suffer a heart attack. Blavat …
Study on Barriers to Employment of Ex-Prisoners in Milwaukee Released by Matthew Clarke by Matt Clarke In early 2007, the Employment Training Institute (ETI) of the University of Wisconsin-Milwaukee released a study assessing the legal and employment needs of ex-prisoners residing in Milwaukee County. The study of 26,772 adults released …
Wisconsin Over Detention Suit Not Barred by Rooker-Feldman Doctrine by The Seventh Circuit Court of Appeals reversed a lower court?s dismissal of a prisoner?s suit related to a delay in granting time served credits. The court concluded that plaintiff?s claims were not barred by the Rooker-Feldman doctrine. In 1997, Reginald …
Prison Privatization Launders Taxpayer Dollars into Political Contributions by David Reutter by David M. Reutter If you know a company is not saving you money or performing its contractual obligations, why would you continue to use that company? The normal consumer would end the relationship quickly. When it comes to …
Satellite Surveillance Approved For Wisconsin Sex Offenders by Gary Hunter Tracking sex offenders just cost Wisconsin taxpayers millions of dollars and ensures that citizens will pay millions more every year. Governor Jim Doyle signed a bill on May 22, 2006 that requires GPS monitoring for certain child molesters. The vote …
Disallowing Printed E-Mail Responses To Wisconsin Prisoner’s Web Page Raised Triable Issues of Fact by John Dannenberg Disallowing Printed E-Mail Responses To Wisconsin Prisoner's Web Page Raised Triable Issues of Fact by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that the Wisconsin Department of Corrections? (WDOC) …
