University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Johnson v. Raemisch PC-WI-0013
Docket / Court 07-0390 ( W.D. Wis. )
State/Territory Wisconsin
Case Type(s) Prison Conditions
Case Summary
On July 19, 2007, a prisoner at Wisconsin's Waupun Correctional Institution filed this §1983 lawsuit in the United States District Court for the Western District of Wisconsin, against the Wisconsin Department of Justice, alleging violations of his First Amendment rights. Specifically, plaintiff ... read more >
On July 19, 2007, a prisoner at Wisconsin's Waupun Correctional Institution filed this §1983 lawsuit in the United States District Court for the Western District of Wisconsin, against the Wisconsin Department of Justice, alleging violations of his First Amendment rights. Specifically, plaintiff alleged that defendants unconstitutionally refused to deliver him the March 22, 2007 edition of The New Abolitionist, a newsletter critical of Wisconsin prison officials. Plaintiff sought compensatory and punitive damages, as well as injunctive relief.

On August 21, 2007, the Court (Judge Barbara Crabb) granted plaintiff leave to proceed on his claim. 2007 WL 5325393. On May 23, 2008 the Court granted plaintiff's motion for summary judgment, ordering prison officials to immediately deliver him a copy of the publication. 557 F. Supp. 2d 964. In addition, the Court scheduled a trial on damages.

The parties soon settled, and stipulated to dismissal on July 15, 2008.

Timothy Shoffner - 04/30/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Defendant-type
Corrections
Jurisdiction-wide
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) State of Wisconsin
Plaintiff Description A prisoner at Waupun Correctional Institution.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Unknown
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
07-C-390-C (W.D. Wis.) 07/16/2008
PC-WI-0013-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion and Order 08/21/2007 (2007 WL 5325393 / 2007 U.S.Dist.LEXIS 62513) (W.D. Wis.)
PC-WI-0013-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Cross-Motion for Summary Judgment 02/01/2008
PC-WI-0013-0001.pdf | Detail
Order on Motions for Summary Judgment 05/23/2008 (557 F.Supp.2d 964) (W.D. Wis.)
PC-WI-0013-0002.pdf | WESTLAW| LEXIS | External Link | Detail
Order 06/25/2008 (W.D. Wis.)
PC-WI-0013-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Settlement 07/11/2008
PC-WI-0013-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation 07/16/2008
PC-WI-0013-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Crabb, Barbara Brandriff (W.D. Wis.) [Magistrate]
PC-WI-0013-0002 | PC-WI-0013-0004 | PC-WI-0013-0005 | PC-WI-0013-9000
Crocker, Stephen L. (W.D. Wis.) [Magistrate]
PC-WI-0013-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Hoel, David E. (Wisconsin)
PC-WI-0013-0003 | PC-WI-0013-0006 | PC-WI-0013-9000
Other Lawyers None on record

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