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Article • November 15, 2007 • from PLN November, 2007
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 …
Article • September 15, 2007 • from PLN September, 2007
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 …
Article • July 15, 2007 • from PLN July, 2007
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 …
Article • June 15, 2007 • from PLN June, 2007
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) …
Article • June 15, 2007 • from PLN June, 2007
BOP Cancels Solicitation of Proposal for Single-Faith Program by On October 26, 2006, the federal Bureau of Prisons (BOP) announced that it was canceling its solicitation of proposals for single-faith, faith-based residential re-entry programs. The move came after a lawsuit was filed by the Madison, Wisconsin-based Freedom From Religion Foundation …
Article • June 15, 2007 • from PLN June, 2007
Suicides Plague Wisconsin Jails; Attempted Suicide Suit Settles for $13.1 Million by Matthew Clarke by Matthew T. Clarke There has been a rash of suicides in Wisconsin jails, including six in 2005 and four in the first half of 2006. One jail, in LaCrosse County, experienced prisoner suicides in 1997, …
Dismissal of Retaliation Claim Reversed by The Seventh U.S. Circuit Court of Appeals reversed the dismissal by the U.S. District Court for the Western District of Wisconsin of a prisoner's retaliation claim. Tony Walker, a Wisconsin prisoner, sued prison officials under 42 U.S.C. §1983 claiming that officials conspired to retaliate …
Article • May 15, 2007
Prisoners Have No Right to Boot Camp by The U.S. Seventh Circuit Court of Appeals held that Wisconsin prisoners excluded from a state "boot camp" program because of their convictions of violent offenses failed to state a claim and their suit was properly dismissed by the district court. Dennis E. …
Article • May 15, 2007
Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail by Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail A Wisconsin Federal District Court held that a civilly committed sex offenders' security related seclusion placements did not violate the offenders' substantive due process rights, …
Article • May 15, 2007
Dismissal Reversed Where Record Unclear on Administrative Remedy Exhaustion by The U.S. Seventh Circuit Court of Appeals vacated the dismissal of a prisoner's civil rights suit by the U.S. District Court for the Western District of Wisconsin where the record was unclear regarding exhaustion of administrative remedies. John M. Howe, …
Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release by Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release The Seventh Circuit Court of Appeals held a Wisconsin ex-prisoner, who filed his suit while incarcerated, must exhaust all administrative remedies …
Article • May 15, 2007
Factual Issues as to Legitimacy of Prisoner Regulation Precludes Dismissal by The U.S. Court of Appeals for the Seventh Circuit reversed and remanded a district court's dismissal of a Wisconsin state prisoner's claim challenging prison dietary policy. Plaintiff prisoner, a Muslim, brought a §1983 action challenging the prison's policy of …
Wisconsin Prisoner's Failure to Exhaust Remedies Required Dismissal by The U.S. Western District Court of Wisconsin dismissed a civil rights lawsuit filed by a state prisoner who failed to exhaust administrative remedies. Dennis Gonzalez, a Wisconsin state prisoner incarcerated at the Supermax prison in Boscobel, wanted to practice his Native …
Guard's Medical and Drug History Discloseable in Discovery by A Wisconsin federal district court held that a prisoner was entitled to receive in discovery a guard's medical and urine test report. This action was filed by a prisoner at Wisconsin's Green Bay Correctional Institution, alleging guards beat him. The magistrate …
Immunity Granted to Sex Offenders in Treatment by The Wisconsin Supreme Court has held that Gary Tate was entitled to immunity for statements made during court-imposed sex offender treatment, and the revocation of his probation for refusing to make admissions to his crime without immunity was improper. Tate, 47, was …
Article • May 15, 2007
Warrantless Search by Probation Officer Constitutional by The U.S. Supreme Court held that a warrantless search of a probationer's house by probation officers did not violate the Fourth Amendment. Petitioner, a Wisconsin probationer, was charged with felony possession of a firearm by a felon after probation officers, acting on a …
Article • May 15, 2007
Muslim Prisoner Entitled to Prayer Oil; RLUIPA Held Constitutional by A federal district court in Wisconsin has held that a Muslim prisoner is entitled to possess prayer oil in his cell, and held the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is constitutional. Prisoner Jerry Charles filed …
Article • May 15, 2007
WI Prisoners may be Charged for Transport to Court Proceedings by The Wisconsin supreme court held that a prisoner who violated his parole and was serving time on his original sentence may be charged for costs to transport him from prison to court for new charges that caused the violation, …
Article • May 15, 2007
Unconstitutional to Hold Wisconsin Prisoner Beyond Mandatory Release Date by by Matthew T. Clarke Wisconsin court of appeals held that Wisconsin Department of Corrections (DOC) officials who held a prisoner beyond his mandatory release date (MRD) violated the prisoner's Eighth Amendment rights. James Allen, a former Wisconsin state prisoner, became …
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