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 …
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 …
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, …
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 …
Sua Sponte Dismissal of Disciplinary Challenge Reversed; Wisconsin Prisoner Denied Right to Be Heard by Sua Sponte Dismissal of Disciplinary Challenge Reversed; Wisconsin Prisoner Denied Right to Be Heard The Wisconsin Court Of Appeals held that a state trial court error in refusing to issue a writ of certiorari and …
Wisconsin Prisoner's ADA Claim Proceeds; Counsel Appointed by A Wisconsin federal district court has allowed a prisoner at the Stanley Correctional Institution (SCI) to proceed on his claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (ADA). The Court also appointed the prisoner counsel. Wisconsin prisoner …
Qualified Immunity Upheld on Supermax Mental Illness Aggravation by The Seventh Circuit Court of Appeals affirmed a lower court's grant of qualified immunity on a mentally ill prisoner's condition of confinement claim. Wisconsin prisoner Christopher Scarver is schizophrenic and delusional. He has murdered three people, two of them in prison …
WI Mother's Incarceration Not Enough to Terminate Her Parental Rights by Jodie W., a Wisconsin state prisoner, was incarcerated in July of 2002 for drunk driving. Her earliest possible release date was in March of 2006. She left her two-year-old son Max with her mother who soon contacted social services …
WI Transfer to CCA Prison Upheld by The plaintiff challenged his transfer to an out-of-state prison. At 974: ". . . [A] prisoner has no liberty interest in avoiding transfer to another prison, be it out-of-state, more restrictive, or owned and run by a private corporation." The transfer does not …
PLRA Filing Fees Prioritized on Prisoner Debt List by The plaintiff couldn't pay the initial filing fee because his money was taken for restitution, victim witness surcharge, and medical co-pay. The statute says that the initial fee is to be collected when funds "exist." Prison officials are therefore required to …
Forcibly Drugged Death Row Prisoner Granted Permanent Stay of Execution by The petitioner, awaiting execution for 22 years, has been medicated for most of that time, and decompensates when he is taken off his medication. The court says that, unlike someone who is medicated and achieves competence and stays that …
Delay in Appealing Grievance Denial Bars Suit by The plaintiff grieved and had 10 days to appeal. He waited a year. The grievance system has discretion to permit late appeals, but they didn't in this case. The plaintiff is barred for non-exhaustion. At 1023-24: . . . [U]nless the prisoner …
Cause Shown in Disciplinary Procedural Default by The petitioner sought a writ of habeas corpus based on a disciplinary proceeding in which he lost good time. His state court administrative challenge was submitted timely but was returned because he had failed to include various required documents and had enclosed a …
Meningitis Death In Racine County, Wisconsin, Jail Settles For $383,000 by According to a report published by Wisconsin Jury Verdicts on November 1, 2004, a lawsuit involving the death of a 21-year-old prisoner it the Racine County Jail settled for $383,000. From the sketchy details in the case, the prisoner …
Denial of Motion to Dismiss Not Appealable by The United States Court of Appeals for the Seventh Circuit held that the denial of a motion to dismiss for failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA) is an interlocutory order that is not subject to appeal. …
Prison Transfer Claims Must Be Raised Under § 1983 by Prison Transfer Claims Must be Raised Under § 1983 In a sharply-worded opinion, the Seventh Circuit Court of Appeals denied in forma pauperis (IFP) status and certificates of appealability (COAs) to habeas corpus petitions dismissed by federal district courts as …
No Judicial Review or Order Required for Prison Censorship by The U.S. Court of Appeals for the Seventh Circuit held that the Wisconsin Department of Corrections (DOC) did not have to obtain a court order or initiate judicial proceedings against publications to censor them. A prisoner incarcerated in the Wisconsin …
Wisconsin Prisoner Must Exhaust Administrative Remedies Before Filing Suit by The Supreme Court of Wisconsin held that under the Prison Litigation Reform Act(PLRA), a prisoner must exhaust administrative remedies before bringing an action in a circuit court. A prisoner confined at the Columbia Correctional Institution in Portage County, Wisconsin, brought …
Wisconsin Court Access and Conditions Claims Remanded by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's summary judgment dismissal of a prisoner's conditions of confinement complaint for failure to state a claim, remanded his access to courts claim because genuine issues of material fact had …
Consent to Named Magistrate Does Not Apply to All Magistrates by The court of appeals for the Seventh circuit held that a party consenting to proceedings before a specific, named magistrate did not constitute consent to later proceedings before a different magistrate under 28 U.S.C. § 636(c). As a result, …
