University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Gilles v. Litscher PC-WI-0008
Docket / Court 02-C-463 ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Prison Conditions
Special Collection Solitary confinement
Case Summary
On May 8, 2002, a prisoner at the Wisconsin Secure Program Facility in Boscobel, Wisconsin filed a pro se lawsuit under 42 U.S.C. §1983 against the Wisconsin Department of Corrections in the U.S. District Court for the Eastern District of Wisconsin. The plaintiff asked the Court for declaratory ... read more >
On May 8, 2002, a prisoner at the Wisconsin Secure Program Facility in Boscobel, Wisconsin filed a pro se lawsuit under 42 U.S.C. §1983 against the Wisconsin Department of Corrections in the U.S. District Court for the Eastern District of Wisconsin. The plaintiff asked the Court for declaratory and injunctive relief, alleging that the defendants had violated his constitutional rights by taking away his clothes, forcing him to sleep on a concrete slab, denying him human contact, feeding him only "nutri-loaf," and giving him only four squares of toilet paper at a time. He also alleged that his constitutional rights had been violated by a lack of due process, improper classification procedures, deprivation of heat in winter, inadequate health care, inadequate mental health care, deprivation of medication, and deprivation of soap, as well as denial of mail, visitors, phone privileges, canteen items, writing materials, and time with the law library.

On March 31, 2005, the U.S. District Court for the Eastern District of Wisconsin (Judge William C. Griesbach) granted the defendants' motion for summary judgment. The plaintiff appealed. On November 14, 2006, the U.S. Court of Appeals for the Seventh Circuit (Judge Terence Thomas Evans) vacated the District Court's order of summary judgment and remanded the case to the District Court. Gillis v. Litscher, 468 F.3d 488 (7th Cir. 2006).

After remand, the parties entered a private settlement and the case was dismissed with prejudice on January 31, 2007. The terms of the settlement are unknown.

Joshua Arocho - 07/11/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Access to lawyers or judicial system
Assault/abuse by staff
Bathing and hygiene
Classification / placement
Disciplinary procedures
Disciplinary segregation
Food service / nutrition / hydration
Law library access
Mail
Personal injury
Phone
Sanitation / living conditions
Solitary confinement/Supermax (conditions or process)
Suicide prevention
Visiting
Medical/Mental Health
Medical care, general
Mental health care, general
Skin Infections
Suicide prevention
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Wisconsin Department of Corrections
Plaintiff Description A state prisoner claiming intentional and malicious infliction of cruel and unusual punishment, deliberate indifference to serious medical needs, and denial of access to the inmate grievance process and retaliation for seeking redress of grievances
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
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)
06-2099 (U.S. Court of Appeals) 11/14/2006
PC-WI-0008-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
1:02-cv-00463-WCG (E.D. Wis.) 02/20/2007
PC-WI-0008-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/08/2002
PC-WI-0008-0002 PDF | Detail
Order 01/17/2003 (E.D. Wis.)
PC-WI-0008-0003 PDF | Detail
Order 03/31/2005 (E.D. Wis.)
PC-WI-0008-0004 PDF | Detail
[Court of Appeals Decision] 11/14/2006 (468 F.3d 488)
PC-WI-0008-0001 PDF | WESTLAW| LEXIS | Detail
Dismissal 01/31/2007 (E.D. Wis.)
PC-WI-0008-0005 PDF | Detail
Judges Evans, Terence Thomas (E.D. Wis., Seventh Circuit)
PC-WI-0008-0001
Flaum, Joel Martin (N.D. Ill., Seventh Circuit)
PC-WI-0008-0001
Griesbach, William C. (E.D. Wis.)
PC-WI-0008-0003 | PC-WI-0008-0004 | PC-WI-0008-0005 | PC-WI-0008-9000 | PC-WI-0008-9001
Ripple, Kenneth Francis (Seventh Circuit)
PC-WI-0008-0001
Monitors/Masters None on record
Plaintiff's Lawyers McGillivray, Pamela R. (Wisconsin)
PC-WI-0008-9000 | PC-WI-0008-9001
Pabellon, Carlos (Wisconsin)
PC-WI-0008-9001
Westerberg, Crista O (Wisconsin)
PC-WI-0008-9001
Defendant's Lawyers Dresel-Velasquez, Adrian (Wisconsin)
PC-WI-0008-9000 | PC-WI-0008-9001
Knott, Douglas S (Wisconsin)
PC-WI-0008-9001
Lattis, Jennifer Sloan (Wisconsin)
PC-WI-0008-9001
Sweeney, John R (Wisconsin)
PC-WI-0008-9001
Other Lawyers None on record

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