Case: Freeman v. Berge

3:03-cv-00021 | U.S. District Court for the Western District of Wisconsin

Filed Date: Feb. 13, 2003

Closed Date: 2006

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Case Summary

On February 13, 2003, a prisoner in the Wisconsin Department of Corrections (DOC), filed a suit in the U.S. District Court for the Western District of Wisconsin under 42 U.S.C. § 1983 against the DOC. The plaintiff, pro se at the time of the filing, asked the court for injunctive relief and damages, alleging that the employees of the DOC violated his constitutional rights. Specifically, the plaintiff alleges that the employees of the DOC violated his rights, under the Due Process Clause and th…

By order dated February 13, 2003, the District Court (Judge Barbara B. Crabb) ruled that Plaintiff could proceed with his claim that defendants violated his 8th Amendment rights to be free from cruel and unusual punishment when they denied him food, subjected him to extreme cell temperatures, conducted unreasonable strip searches and subjected him to sensory deprivation and social isolation. Judge Crabb dismissed, as legally frivolous, the plaintiff's claim that the DOC violated his Due Process rights by placing him on paper restriction.

On June 3, 2003, Judge Crabb dismissed the plaintiff's claim against the DOC regarding unreasonable strip searches, stating that the plaintiff failed to exhaust his administrative remedies with respect to his claim. The court also dismissed plaintiff's claim that the defendants deprived him of social interaction because the defendants had qualified immunity against liability for damages. The court further stated that injunctive relief was unnecessary in regards to the lack of social interaction because a previous class action suit against the DOC and the prison, of which the Plaintiff was a class member, resulted in a settlement agreement that addressed the issue.

Defendants moved for summary judgment on the Plaintiff's two remaining claims. On December 17, 2003, the court denied summary judgment on Plaintiff's food deprivation claim, but granted summary judgment on his claim that he was subject to extreme temperatures, stating that there was not enough evidence to prove his claim to the jury.

On June 6, 2004, Plaintiff was assigned private counsel. On July 30, 2004, Plaintiff filed a second amended complaint, alleging that the DOC's practice of depriving Plaintiff of food for multiple days in a row when he refused to comply with prison policy constituted cruel and unusual punishment and exposed his health to serious harm. Plaintiff sought injunctive relief, compensatory and punitive damages, and attorney's fees.

The case proceeded to trial and, on December 21, 2004, a permanent injunction was granted enjoining the defendants from withholding meals from Plaintiff in response to any rule violation that does not constitute an imminent security risk. The jury also found the defendants liable for violating the plaintiff's constitutional rights and awarded plaintiff $50,000 in compensatory damages and $400,000 in punitive damages against each of the individually named defendants.

On March 21, 2005, the 7th Circuit ruled that prisoners who miss meals because of rule violations were never subject to punishment, but rather were punishing themselves and therefore could not sustain cruel and unusual punishment claims. Rodriguez v. Briley, 403 F.3d 952 (7th Cir. 2005). In response to the 7th Circuit ruling, Judge Crabb vacated the judgment and instructed the clerk of the court to enter judgment in favor of all defendants on all claims.

Plaintiff's petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit was denied.

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Summary Authors

Ashley Grolig (11/13/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12006291/parties/freeman-berrell-v-berge-gerald/

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorney for Plaintiff

Harth, David J. (Wisconsin)

Attorney for Defendant

Hoornstra, Charles David (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorney for Plaintiff

Harth, David J. (Wisconsin)

Attorney for Defendant

Hoornstra, Charles David (Wisconsin)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:03-cv-00021	Docket	April 19, 2006	April 19, 2006 Docket
1 3:03-cv-00021	Order [requiring plaintiff to pay partial filing fee]	Jan. 23, 2003	Jan. 23, 2003 Order/Opinion 2003 WL 23142229
2 3:03-cv-00021	Order [Granting in part and dismissing in part claims]	Feb. 13, 2003	Feb. 13, 2003 Order/Opinion 2003 WL 23109671
2 3:03-cv-00021	Order [Granting Attorney Fees]	Feb. 13, 2003	Feb. 13, 2003 Order/Opinion 2005 U.S.Dist.LEXIS 2464
9 3:03-cv-00021	Order [Denying Motion for Default Judgment]	March 20, 2003	March 20, 2003 Order/Opinion 2003 WL 23167292
24 3:03-cv-00021	Opinion and Order [Granting in part and denying in part defendant's motion to dismiss claims]	June 4, 2003	June 4, 2003 Order/Opinion 283 F.Supp.2d 1009
02-02191	Order [Affirming Decision] U.S. Court of Appeals for the Seventh Circuit	June 20, 2003	June 20, 2003 Order/Opinion 68 Fed.Appx. 738
28 3:03-cv-00021	Order [Denying Plaintiff's Motion for Reconsideration]	June 20, 2003	June 20, 2003 Order/Opinion 2003 WL 23208945
38 3:03-cv-00021	Order	June 30, 2003	June 30, 2003 Order/Opinion 2003 WL 23282509
03-0802	Per Curiam State ex rel. Freeman v. Berge Wisconsin state appellate court	July 24, 2003	July 24, 2003 Order/Opinion 668 N.W.2d 564

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12006291/freeman-berrell-v-berge-gerald/

Last updated April 8, 2025, 7:05 p.m.

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ECF Number	Description	Date	Link Date / Link
	Jams Import Utility Entry	Jan. 23, 2003	Jan. 23, 2003 PACER
	Case Note: BRIEFING FOR MOT #216, JUDGMENT AS A MATTER OF LAW;AFTER TRIAL TRANSCRIPTS ARE FILED, SET 30/30/10 BRFG.JUDGMENT NEEDS REFERENCE TO #2, #129	Jan. 23, 2003	Jan. 23, 2003 PACER
1	ORDER REQUIRING PARTIAL FILING FEE OF $2.11 BY 02/03/2003 OR ACTION SUBJECT TO DISMISSAL (Entered: 01/23/2003)	Jan. 23, 2003	Jan. 23, 2003 Clearinghouse
	RECD. INITIAL PARTIAL FILING FEE OF $2.21.	Jan. 28, 2003	Jan. 28, 2003 PACER
2	ORDER TO PROCEED ifp - GRANTED IN PART; PETR. MOTION FOR APPOINTMENT OF COUNSEL DENIED. (Entered: 02/13/2003)	Feb. 13, 2003	Feb. 13, 2003 Clearinghouse
3	COMPLAINT (Entered: 02/13/2003)	Feb. 13, 2003	Feb. 13, 2003 PACER
4	MOTION BY PLTF./ FOR APPOINTMENT OF COUNSEL. (Entered: 02/13/2003)	Feb. 13, 2003	Feb. 13, 2003 PACER
	MATERIALS MLD. TO ATTY. GENERAL FOR ACCEPTANCE OF SERVICE. (JMD)	Feb. 13, 2003	Feb. 13, 2003 PACER
5	NOTICE OF APPEARANCE OF AAG URDAN ON BEHALF OF RESPTS. (Entered: 02/20/2003)	Feb. 20, 2003	Feb. 20, 2003 PACER
6	ACCEPTANCE OF SERVICE ON BEHALF OF DEFTS. (Entered: 02/24/2003)	Feb. 21, 2003	Feb. 21, 2003 PACER
7	MOTION BY PLTF. FOR DEFAULT JUDGMENT. (Entered: 03/18/2003)	March 18, 2003	March 18, 2003 PACER
8	AFFIDAVIT OF BERRELL FREEMAN. (Entered: 03/18/2003)	March 18, 2003	March 18, 2003 PACER
9	ORDER DENYING PLTF. MOTION FOR DEFAULT JUDGMENT. (Entered: 03/20/2003)	March 20, 2003	March 20, 2003 Clearinghouse
10	ANSWER (Entered: 03/21/2003)	March 21, 2003	March 21, 2003 PACER
11	MOTION BY DEFTS. TO DISMISS. (Entered: 03/21/2003)	March 21, 2003	March 21, 2003 PACER
12	BRIEF IN SUPPORT OF DEFTS. MOTION TO DISMISS. (Entered: 03/21/2003)	March 21, 2003	March 21, 2003 PACER
13	AFFIDAVIT OF JOHN RAY. (Entered: 03/21/2003)	March 21, 2003	March 21, 2003 PACER
14	BRIEF IN OPPOSITION BY PLTF. TO DEFTS. MOTION TO DISMISS. (Entered: 03/25/2003)	March 25, 2003	March 25, 2003 PACER
15	MOTION BY PLTF. TO EXPUNGE TESTIMONY/AFFIDAVIT OF JOHN RAY AND BAR HIS FUTURE TESTIMONY. (Entered: 03/25/2003)	March 25, 2003	March 25, 2003 PACER
16	BRIEF IN REPLY IN SUPPORT OF DEFTS. MOTION TO DISMISS. (Entered: 04/18/2003)	April 18, 2003	April 18, 2003 PACER
17	MOTION BY DEFTS. FOR PROTECTIVE ORDER. (Entered: 04/18/2003)	April 18, 2003	April 18, 2003 PACER
18	BRIEF IN SUPPORT OF DEFTS. MOTION FOR PROTECTIVE ORDER. (Entered: 04/18/2003)	April 18, 2003	April 18, 2003 PACER
19	AFFIDAVIT OF SANDRA J. HUTAMAKI. (Entered: 04/18/2003)	April 18, 2003	April 18, 2003 PACER
20	AFFIDAVIT OF JOELY URDAN. (Entered: 04/18/2003)	April 18, 2003	April 18, 2003 PACER
21	PTC ORDER (SLC) (Entered: 04/25/2003)	April 25, 2003	April 25, 2003 PACER
22	ORDER GRANTING DEFTS. MOTION FOR PROTECTIVE ORDER; DISCOVERY STAYED PENDING RESOLUTION OF MOTION TO DISMISS. (SLC) (Entered: 05/02/2003)	May 2, 2003	May 2, 2003 PACER
23	MOTION FOR APPOINTMENT OF COUNSEL BY PLTF. (Entered: 05/30/2003)	May 30, 2003	May 30, 2003 PACER
24	ORDER GRANTING IN PART DEFTS. MOTION TO DISMIS; DENYING PLTF. MOT. TO APPT. CNSL. (Entered: 06/04/2003)	June 4, 2003	June 4, 2003 Clearinghouse
25	NOTICE OF APPEARANCE FOR DEFTS. (Entered: 06/12/2003)	June 12, 2003	June 12, 2003 PACER
26	MOTION BY PLTF. FOR RECONSIDERATION. (Entered: 06/13/2003)	June 13, 2003	June 13, 2003 PACER
27	MOTION BY PLTF. FOR COURT ORDER/INTERVENTION. (Entered: 06/13/2003)	June 13, 2003	June 13, 2003 PACER
28	ORDER DENYING IN PART PLTF. MOTION FOR RECONSIDERATION; DEFTS. TO ADVISE STATUS OF PLTF. LEGAL MATERIAL BY 6/26/03. (Entered: 06/20/2003)	June 20, 2003	June 20, 2003 Clearinghouse
29	MOTION BY PLTF. TO COMPEL DISCOVERY. (Entered: 06/23/2003)	June 23, 2003	June 23, 2003 PACER
30	MOTION BY PLTF. THAT MATTER IS ADMITTED OR THAT AN AMENDED ANSWER BE SERVED. (Entered: 06/23/2003)	June 23, 2003	June 23, 2003 PACER
31	MOTION BY PLTF. FOR ORDER TO PRODUCE DOCUMENTS. (Entered: 06/25/2003)	June 25, 2003	June 25, 2003 PACER
32	MOTION BY PLTF. TO TURN OVER/SUBMIT EVIDENCE. (Entered: 06/25/2003)	June 25, 2003	June 25, 2003 PACER
33	DEFTS. RESPONSE TO PLTF. MOTION TO COMPEL. (Entered: 06/26/2003)	June 26, 2003	June 26, 2003 PACER
34	DEFTS. RESPONSE TO PLTF. REQUEST FOR ADMISSIONS. (Entered: 06/26/2003)	June 26, 2003	June 26, 2003 PACER
35	DEFTS. RESPONSE TO PLTF. 1ST REQUEST FOR PRODUCTION OF DOCUMENTS. (Entered: 06/26/2003)	June 26, 2003	June 26, 2003 PACER
36	DEFTS. RESPONSE TO 6/19/03 ORDER. (Entered: 06/30/2003)	June 27, 2003	June 27, 2003 PACER
37	PLTF. REPLY TO DEFTS. RESPONSE TO MOTION TO COMPEL AND MOTION TO ADMIT. (Entered: 06/30/2003)	June 30, 2003	June 30, 2003 PACER
38	ORDER DENYING PLTF. MOT. FOR CT. ORDER/INTERVENTION; CT. PROVIDING PLTF. W/COPIES OF RECORD FOR PROSECUTION OF CLMS. (Entered: 06/30/2003)	June 30, 2003	June 30, 2003 Clearinghouse
39	PLTF. RESPONSE TO COURT ORDER OF 6/30/03. (Entered: 07/09/2003)	July 9, 2003	July 9, 2003 PACER
40	MOTION BY PLTF. FOR COURT APPOINTED EXPERTS. (Entered: 07/21/2003)	July 21, 2003	July 21, 2003 PACER
41	ORDER DENYING PLTF. REQUEST THAT THE COURT APPOINT EXPERT WITNESSES TO TESTIFY ON HIS BEHALF. (Entered: 07/28/2003)	July 28, 2003	July 28, 2003 Clearinghouse
42	ORDER DENYING MOTS. BY PLTF. TO COMPEL; GRANTING MOT. BY PLTF. THAT DEFT. PRODUCE RECORDS OF TEMPERATURES AT SMCI. (SLC) (Entered: 07/31/2003)	July 31, 2003	July 31, 2003 Clearinghouse
43	MOTION BY PLTF. FOR ORDER TO COMPEL DISCOVERY. (Entered: 08/01/2003)	Aug. 1, 2003	Aug. 1, 2003 PACER
44	MOTION BY PLTF. FOR RECONSIDERATION OF COURT ORDER OF 7/25/03. (Entered: 08/04/2003)	Aug. 4, 2003	Aug. 4, 2003 PACER
45	MOTION BY PLTF. FOR RECONSIDERATION OF COURT ORDER OF 7/30/03. (Entered: 08/05/2003)	Aug. 5, 2003	Aug. 5, 2003 PACER
46	ORDER DENYING PLTF. MOTION FOR RECONSIDERATION OF 7/25/03 ORDER. (Entered: 08/06/2003)	Aug. 6, 2003	Aug. 6, 2003 PACER
47	MOTION BY PLTF. TO RECONSIDER 7/30/03 ORDER. (Entered: 08/07/2003)	Aug. 7, 2003	Aug. 7, 2003 PACER
48	PLTF. DISCLOSURE OF EXPERT TESTIMONY. (Entered: 08/07/2003)	Aug. 7, 2003	Aug. 7, 2003 PACER
49	MOTION BY PLTF. FOR COURT ORDER THAT WITNESSES BE BROUGHT TO COURT AT TIME OF TRIAL. (Entered: 08/07/2003)	Aug. 7, 2003	Aug. 7, 2003 PACER
50	AFFIDAVIT OF BERRELL FREEMAN. (Entered: 08/07/2003)	Aug. 7, 2003	Aug. 7, 2003 PACER
51	MOTION BY PLTF. TO CEASE AND DESIST RETALIATION. (Entered: 08/11/2003)	Aug. 11, 2003	Aug. 11, 2003 PACER
52	ORDER DENYING PLTF. MOT. TO STOP/CEASE AND DESIST RETALIATION. (Entered: 08/13/2003)	Aug. 13, 2003	Aug. 13, 2003 PACER
53	MOTION BY PLTF. FOR FILING AND INFORMATION. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
54	MOTION FOR SUMMARY JUDGMENT BY PLTF. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
55	BRIEF IN SUPPORT OF PLTF. MOTION FOR SUMMARY JUDGMENT. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
56	PLTF. PROPOSED FINDINGS OF FACT. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
57	AFFIDAVIT OF BERRELL FREEMAN. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
58	AFFIDAVIT OF JONATHAN P. COLE. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
59	AFFIDAVIT OF A'KINHO J.S. HASHIM-TIGGS. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
60	AFFIDAVIT OF JEREMY S. DAUBON. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
61	AFFIDAVIT (2ND) OF JEREMY S. DAUBON. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
62	AFFIDAVIT OF NORMAN C. GREEN. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
63	AFFIDAVIT OF RAYNELL D. MORGAN. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
64	AFFIDAVIT OF EDDIE JOHNIKIN. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
65	AFFIDAVIT (2ND) OF EDDIE JOHNIKIN. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
66	AFFIDAVIT OF JOHN SPICER. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
67	AFFIDAVIT OF ONTARIO DAVIS. (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
68	PLTF. NOTICE OF CLARIFICATION TO COURT. (Entered: 08/15/2003)	Aug. 15, 2003	Aug. 15, 2003 PACER
69	MOTION BY PLTF. FOR ORDER TO COMPEL DISCOVERY. (Entered: 08/19/2003)	Aug. 19, 2003	Aug. 19, 2003 PACER
70	MOTION BY PLTF. TO WITHDRAW ACCESS AND PERMISSION TO USE MEDICAL/CLINICAL RECORDS. (Entered: 08/20/2003)	Aug. 20, 2003	Aug. 20, 2003 PACER
71	AFFIDAVIT OF GLEN T. TURNER. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
72	AFFIDAVIT OF ANDRAE ROBERTS. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
73	AFFIDAVIT OF RODOSVALDO C. POZO. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
74	AFFIDAVIT OF NATE LINDELL. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
75	AFFIDAVIT OF DENNIS GONZALEZ. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
76	AFFIDAVIT OF WAYNE L. BREWER. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
77	AFFIDAVIT OF DENNIS E. JONES-EL. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
78	AFFIDAVIT OF JOSEPH D. KOUTNIK. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
79	AFFIDAVIT OF KARRY D. HILLEY, JR. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
80	AFFIDAVIT OF PRESLEY HUBANKS. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
81	AFFIDAVIT OF LEE A. WOFFORD. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
82	AFFIDAVIT OF KEEYON BARKER. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
83	AFFIDAVIT OF CARLOS G. ROSA (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
84	AFFIDAVIT OF THOMAS EDWARD DEERING. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
85	PLTF. NOTICE TO COURT WITH PROOF OF OBSTRUCTION BY DEFTS. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
86	MOTION BY PLTF. FOR APPOINTMENT OF COUNSEL. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
87	MOTION BY PLTF. TO ADMIT MATTER. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
88	MOTION BY PLTF. FOR ORDER COMPELLING DISCOVERY. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
89	MOTION BY PLTF. FOR SUBPOENAS. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
90	MOTION BY PLTF. TO ADMIT MATTER AND FOR CONTEMPT OF COURT. (Entered: 08/21/2003)	Aug. 21, 2003	Aug. 21, 2003 PACER
91	MOTION BY PLTF. FOR ORDER TO STOP/CEASE AND DESIST RETALIATION. (Entered: 08/26/2003)	Aug. 26, 2003	Aug. 26, 2003 PACER
92	ORDER RULING ON MOTIONS NOS. 45, 47, 49, 53, 86 AND 91; BRFG. SET ON PLTF. MOTION FOR S/J. (Entered: 08/27/2003)	Aug. 27, 2003	Aug. 27, 2003 Clearinghouse
93	MOTION BY PLTF. FOR MENTAL HEALTH AND MEDICAL RECORDS. (Entered: 08/27/2003)	Aug. 27, 2003	Aug. 27, 2003 PACER
94	ORDER GRANTING MOTS. 43, 69, 87, AND 88; DENYING MOTS. 70, 90 AND 93; GRANTING IN PART MOT. 89. (SLC) (Entered: 08/29/2003)	Aug. 29, 2003	Aug. 29, 2003 PACER
95	MOTION BY PLTF. FOR RECONSIDERATION. (Entered: 09/03/2003)	Sept. 3, 2003	Sept. 3, 2003 PACER
96	PLTF. STATEMENT TO THE COURT. (Entered: 09/03/2003)	Sept. 3, 2003	Sept. 3, 2003 PACER

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Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 13, 2003

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner at the Wisconsin Secure Program Facility Correctional Institution alleges violation of right to be free from cruel and unusual conditions of confinement, right to be free from unreasonable searches and right to due process

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wisconsin Department of Corrections, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run