State Codes and Statutes

Statutes > Wisconsin > 813 > 813.40

813.40

813.40 Injunctive relief in prison condition cases.

813.40(1)

(1)

813.40(1)(a)

(a) In this section:

813.40(1)(a)1.

1. "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.

813.40(1)(a)2.

2. "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.

813.40(1)(b)

(b) If a court determines that an injunction may be granted to a prisoner in any action or special proceeding with respect to prison or jail conditions, any injunction issued shall meet all of the following criteria:

813.40(1)(b)1.

1. Require only what is necessary to correct the harm.

813.40(1)(b)2.

2. Is the least intrusive means necessary to correct that harm.

813.40(1)(b)3.

3. Does not require or permit a government official, employee or agent to exceed his or her authority or to violate a state law or local ordinance unless all of the following apply:

813.40(1)(b)3.a.

a. Federal law permits that relief.

813.40(1)(b)3.b.

b. The relief is necessary to correct the violation of a federal right.

813.40(1)(b)3.c.

c. No other relief will correct the violation of a federal right.

813.40(1)(c)

(c) If an injunction is issued that does not meet the requirements in par. (b), a defendant or intervenor is entitled to immediate termination of any prospective relief or to a revision of the injunction to meet those requirements. Prospective relief need not be terminated if the court makes written findings based on the record that the requirements under par. (b) are met.

813.40(1)(d)

(d) A court may not enter into or approve a consent decree in an action for injunctive relief under this section if that consent decree does not meet the requirements in par. (b). This paragraph does not prevent the parties from entering into a private settlement agreement that does not comply with the requirements in par. (b) if the terms of that settlement agreement are not subject to court enforcement other than the dismissal of the action or special proceeding based on the settlement agreement.

813.40(2)

(2) When determining the extent of any injunction issued under this section, the court shall give substantial weight to any adverse impact on public safety or on the operation of the criminal justice system caused by the injunction.

813.40(3)

(3) Any interested party may, 2 years after the date the court issued an injunction under this section, or one year after the court has denied a request under this subsection for modification or termination of the injunction, request that the court modify or terminate an injunction issued under this section. Any interested party may, 2 years after September 1, 1998, request that the court modify or terminate an injunction related to prison or jail conditions that was issued before September 1, 1998. Any prospective relief issued under this section shall be stayed by the filing of a motion for modification or termination of the injunction for the period beginning on the 90th day after the motion is filed with the court and ending on the day the court enters a final order on the motion.

813.40(4)

(4) This section does not prevent the parties from agreeing to terminate or modify an injunction issued under this section.

813.40(5)

(5) This section does not authorize a court to order the construction of prisons, jails or other places of incarceration or to order the raising of taxes and does not expand the powers of a court under this chapter.

813.40(6)

(6) Except for writs of habeas corpus or as otherwise required by the state or federal constitution, this section does not authorize the court to issue a prisoner release order. In this subsection, "prisoner release order" means any order that has the purpose or effect of reducing or limiting the prison or jail population, or that directs the release or nonadmission of prisoners to a prison or jail.

813.40 - ANNOT.

History: 1997 a. 133.