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Evaluation of Inmate Litigation: Department of Corrections, Department of Justice

NCJ Number
162711
Author(s)
D Bezruki; M Aquino; P Alles; G Crowe; J Schmidt; K Wymore
Editor(s)
J Thieme
Date Published
1993
Length
38 pages
Annotation
Inmates in Wisconsin's correctional system filed 377 lawsuits against the State in fiscal year 1991-1992; these lawsuits were filed for a variety of reasons, including alleged civil rights violations, pursuit of information under the State's open records laws, and issues regarding conditions of confinement.
Abstract
Wisconsin spent approximately $1.5 million to defend against inmate lawsuits, including $1.2 million in Department of Justice defense costs, $91,000 in inmate awards and settlements, and $240,000 in Department of Corrections staff costs. Many inmate lawsuits involved civil rights actions, including complaints about the confiscation of correspondence and the alleged use of excessive force by correctional officers. About 40 percent of inmate lawsuits challenged prison rules, while 10 percent were related to open records requests. Inmates who filed two or more lawsuits accounted for over 50 percent of all lawsuits filed. In addition, most lawsuits were filed by inmates in maximum-security institutions. The 377 inmate lawsuits in 1991-1992 represented a decline from the 450 inmate lawsuits in 1988-1989. Of 361 cases closed in 1991-1992, 86 percent were settled in favor of the State and 14 percent were settled in favor of the inmate. The Inmate Complaint Review System operated by Wisconsin's Department of Corrections is discussed as a viable alternative to inmate lawsuits. Appendixes contain responses to the evaluation of inmate litigation by Wisconsin's Department of Corrections and Department of Justice. 13 tables