(Download) "State Ex Rel Curtis V. Litscher" by Wisconsin Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel Curtis V. Litscher
- Author : Wisconsin Court of Appeals
- Release Date : January 20, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
¶1. The seven inmate-petitioners (inmates)*fn1 in this certiorari action were accused of participating in a riot/hostage situation at a private, contract prison facility located in Whiteville, Tennessee. The inmates claim, and the circuit court found, that a disciplinary hearing held at the Whiteville facility on December 9, 1999 was procedurally defective and that the Wisconsin Department of Corrections (DOC) improperly relied on the findings from that hearing in subsequent proceedings. We conclude that we have authority to review the December 9, 1999 disciplinary hearing by certiorari and that, even under DOC's version of events, the Whiteville facility violated its, and DOC's, procedures by selecting a hearing examiner who witnessed the relevant events. Therefore, we invalidate the December 9, 1999 disciplinary hearing and any subsequent hearings or changes in status that relied on the hearing examiner's findings as a basis for the decision. However, we also conclude that DOC may hold administrative confinement hearings and consider the inmates' alleged conduct to the extent that conduct is proved without relying on the findings of the hearing examiner at the December 9, 1999 hearing. Accordingly, we affirm in part and reverse in part the order of the circuit court.