University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Jones'el v. Berge PC-WI-0001
Docket / Court 00-C-421-C ( W.D. Wis. )
State/Territory Wisconsin
Case Type(s) Prison Conditions
Special Collection Solitary confinement
Case Summary
On September 25, 2000, prisoners confined at the Supermax Correctional Institution in Boscobel, Wisconsin, and the Waupun Correctional Institution in Waupun, Wisconsin, filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Wisconsin against ... read more >
On September 25, 2000, prisoners confined at the Supermax Correctional Institution in Boscobel, Wisconsin, and the Waupun Correctional Institution in Waupun, Wisconsin, filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Wisconsin against those prisons. The plaintiffs, represented by court appointed counsel and the University of Wisconsin School of Law, asked the court for declaratory, injunctive and monetary relief, alleging that their various constitutional rights had been violated. Specifically, the plaintiffs contended that there were constitutional violations at Supermax with respect to (a) conditions of confinement--in particular lighting, lack of sleep, physical conditions, visiting restrictions, monitoring, clothing, recreation, and harm, (b) inadequate medical treatment, including dental care, (c) privacy, (d) access to the courts (in particular mail and the legal room), (e) religion, and (f) various other concerns. Specifically, the plaintiffs contended that there were constitutional violations at Waupun with respect to (a) disciplinary procedures, (b) inadequate medical treatment, (c) conditions of confinement--a lack of hygiene products as well as excessive cold and light, and visitors, and (d) access to the courts.

On September 25, 2000, the District Court (Judge Barbara B. Crabb) denied the plaintiffs' motion for class certification and made various ruling on the plaintiffs' motions to proceed in forma pauperis. 2000 WL 34237510. Judge Crabb held that, since the plaintiffs were not represented by an attorney nor were they themselves attorneys, they could not adequately represent the interests of the class. Judge Crabb also held the plaintiffs joint and severally liable for the filing fee balance.

On August 14, 2001, the District Court (Judge Crabb), recognizing that the plaintiffs had acquired counsel, granted class certification for their claims with respect to medical needs and excessive use of force. 2001 WL 34379611.

On September 18, 2001, the District Court (Judge Crabb) denied the defendants' motion to dismiss for failure to exhaust administrative remedies. Jones'El v. Berge, 172 F. Supp. 1128 (W.D. Wis. Sept. 18, 2001). On October 10, 2001, she granted a preliminary injunction to require defendants not to house mentally ill prisoners at Supermax and to evaluate all prisoners once, and denied the plaintiffs' motion for a preliminary injunction to require an ongoing evaluation of all prisoners. 164 F.2d 1096.

Following the preliminary injunction, the parties negotiated a settlement agreement. On March 8, 2002, Judge Crabb held a fairness hearing and approved the agreement, finding the agreement "achieved a great deal" in ameliorating the most oppressive conditions and concluding that the settlement was "fair, reasonable, lawful and adequate as a resolution to this class action." The settlement agreement left it up to Judge Crabb to define "mental illness" and, after holding hearings on that issue, on June 24, 2002, Judge Crabb entered final judgment approving the agreement.

The settlement agreement restricted the defendants' ability to house mentally ill prisoners, and purported to guarantee all prisoners confined there at least the same rights and privileges of prisoners confined in segregation in other maximum security prisons in the state. Specifically, the defendants agreed to: (1) ease their practice of extreme isolation and sensory deprivation by limiting the time during which prisoners could remain in the highest level of security without cause, and set a strict limit on that time even where cause existed; (2) provide prisoners with (a) out-of-cell exercise, (b) cell shutters and dimming lights, (c) reading material, (d) expanded visitation, and (g) regular showers; (3) reduce the use of physical restraints; (4) increase prisoners' phone privileges; (5) build an outdoor recreational area; (6) regulate cell temperatures; (7) refrain from using certain stunning devices inside cells; and, (8) refrain from punishing prisoners by feeding them "nutri-loaf." A pro se appeal, and litigation with respect to counsel and filing fees, followed.

On September 18, 2002, Judge Crabb denied and stayed a number of motions. 2002 WL 32362655. The named plaintiff apparently had grown discontented with class counsel, but Judge Crabb denied the plaintiffs' motions to alter or amend the judgment, and for an order requiring counsel to turn over records. There was also some other subsequent litigation about individual class members and in forma pauperis status. 2002 WL 32356432, 2002 WL 32349786.

On December 31, 2002, Judge Crabb ordered counsel to draft and submit a proposed order appointing an independent expert to evaluate whether three prisoners at Boscobel could be moved to other prisons. 2002 WL 32341948. More minor orders followed. 2003 WL 23274551; 2003 WL 23198835; 2003 WL 23170805.

On June 20, 2003, the Seventh Circuit Court of Appeals (Judges Daniel A. Manion, Illana Rovner, and Diane P. Wood) affirmed the District Court's June 24, 2002, approval of the settlement agreement. Jones'El v. Berge, 68 Fed. Appx. 738 (7th Cir. 2003). The Court held that the dissenting plaintiffs failed to show that the settlement agreement allowed clearly illegal or unconstitutional conduct to continue, and further held that approval of the settlement was not an abuse of discretion.

The District Court (Judge Crabb) issued several minor orders in Summer and Fall of 2003. 2003 WL 23269345, 2003 WL 23192664, 2003 WL 23100297, 2003 WL 23282609.

After a hearing, Judge Crabb ordered the defendants to air condition certain cells, and to provide plaintiffs' counsel and the monitors with a report on the construction progress of the recreation facility. Judge Crabb denied the plaintiffs' objection to the use of nutri-loaf and motion to replace the monitor. 2003 WL 23109724. She also denied the defendants' motion to stay the order pending appeal. 2004 WL 420157 (W.D. Wis. Feb. 26, 2004).

On July 2, 2004, the Seventh Circuit Court of Appeals (Judge Michael S. Kanne) affirmed the District Court's November 26, 2003, enforcement order. Jones'El v. Berge, 374 F.3d 541 (7th Cir. 2004). The Court held that the District Court's order constituted a "fresh" injunction, rather than simply an interpretation of the consent decree, was an appealable interlocutory order, and that the order was not a grant of "prospective relief" subject to the requirements of the PLRA.

Due to confusion and arguments over certain provisions of the settlement agreement, on March 31, 2006 the Court ordered that the Defendants were to be enjoined from transferring general population prisoners into the Wisconsin Secure Program Facility until the parties negotiated an amended settlement agreement. Jones'El v. Schneiter, 2006 WL 897864 (W.D. Wis. Mar. 31, 2006).

On July 31, 2006, the Court concluded that the facts of the conditions of the prisons and the Defendants' compliance with the settlement agreement were highly contested, and stayed its decision for the parties to conduct further discovery.

On May 1, 2007 the Parties agreed to an amended consent decree in which new definitions of "mentally ill" were reached, and the Defendants agreed, among other things, that seriously mentally ill prisoners would no longer be sent to SMCI.

The Plaintiffs' attorneys and Judge Crabb then exchanged several letters about the progress of the monitoring. The final letter, dated June 12, 2008 sent by Judge Crabb, mentioned that the case was administratively closed.

The duration of the consent decree is unclear.

Joshua Arocho - 07/11/2012


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Male
Content of Injunction
Implement complaint/dispute resolution process
Monitoring
Preliminary relief granted
General
Access to lawyers or judicial system
Conditions of confinement
Disciplinary procedures
Excessive force
Law library access
Mail
Recreation / Exercise
Religious programs / policies
Sanitation / living conditions
Solitary confinement/Supermax (conditions or process)
Staff (number, training, qualifications, wages)
Totality of conditions
Visiting
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Intellectual/Developmental Disability
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Supermax Correctional Institution
Waupun Correctional Institution
Plaintiff Description "All persons who are now, or will in the future be, confined in the Supermax Correctional Institution in Boscobel, Wisconsin."
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - 2008
Case Closing Year 2008
Case Ongoing No
Additional Resources
click to show/hide detail
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)
00-421 (W.D. Wis.) 12/13/2013
PC-WI-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion and Order [Re: Filing Fees, Preliminary Matters] 09/25/2000 (2000 WL 34237510) (W.D. Wis.)
PC-WI-0001-0020.pdf | WESTLAW | Detail
Declaration of Dr. Terry A. Kupers 08/09/2001
PC-WI-0001-0001.pdf | Detail
Opinion and Order [Certifying Class; Adding Parties] 08/14/2001 (2001 WL 34379611 / 2001 U.S.Dist.LEXIS 25625) (W.D. Wis.)
PC-WI-0001-0021.pdf | WESTLAW| LEXIS | Detail
Opinion and Order [Denying Motion to Dismiss] 09/18/2001 (172 F.Supp.2d 1128) (W.D. Wis.)
PC-WI-0001-0016.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion and Order [Granting Preliminary Injunction] 10/10/2001 (164 F.Supp.2d 1096) (W.D. Wis.)
PC-WI-0001-0015.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Report on Mental Health Issues at SMCI 10/22/2001
PC-WI-0001-0002.pdf | Detail
Settlement Agreement 01/24/2002
PC-WI-0001-0003.pdf | Detail
Judgment (approving private settlement agreement and denying motions to proceed in forma pauperis) 06/24/2002
PC-WI-0001-0007.pdf | Detail
Order [Denying Motion to Alter or Amend Judgment] 09/18/2002 (2002 WL 32362655) (W.D. Wis.)
PC-WI-0001-0022.pdf | WESTLAW | Detail
Order [Re: Various 'In Forma Pauperis' Motions] 10/09/2002 (2002 WL 32356432) (W.D. Wis.)
PC-WI-0001-0023.pdf | WESTLAW | Detail
Order 12/31/2002 (2002 WL 32341948) (W.D. Wis.)
PC-WI-0001-0024.pdf | WESTLAW | Detail
Order [Re: 'In Forma Pauperis' Motions] 12/31/2002 (2002 WL 32349786) (W.D. Wis.)
PC-WI-0001-0025.pdf | WESTLAW | Detail
Order [Denying Motion to Proceed In Forma Pauperis] 02/06/2003 (2003 WL 23274551) (W.D. Wis.)
PC-WI-0001-0026.pdf | WESTLAW | Detail
Order [Denying Motion for Reconsideration] 03/04/2003 (2003 WL 23198835) (W.D. Wis.)
PC-WI-0001-0027.pdf | WESTLAW | Detail
Order [Denying Second Request to Proceed In Forma Pauperis] 03/11/2003 (2003 WL 23170805) (W.D. Wis.)
PC-WI-0001-0028.pdf | WESTLAW | Detail
Order [Affirming D.C. Approval of Settlement Agreement] 06/20/2003 (68 Fed.Appx. 738)
PC-WI-0001-0018.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Re: Plaintiff's Transfer to CO] 08/14/2003 (2003 WL 23269345) (W.D. Wis.)
PC-WI-0001-0029.pdf | WESTLAW | Detail
Order [Denying Motion to Modify the Record] 09/02/2003 (2003 WL 23192664) (W.D. Wis.)
PC-WI-0001-0030.pdf | WESTLAW | Detail
Order [Denying Request to Proceed In Forma Pauperis on Appeal] 10/03/2003 (2003 WL 23100297) (W.D. Wis.)
PC-WI-0001-0031.pdf | WESTLAW | Detail
Memorandum [Tabling Prisoner's Amended Appeal] 11/17/2003 (2003 WL 23282609) (W.D. Wis.)
PC-WI-0001-0032.pdf | WESTLAW | Detail
Order [that Defendants Install Air Conditioning] 11/26/2003 (2003 WL 23109724) (W.D. Wis.)
PC-WI-0001-0033.pdf | WESTLAW | Detail
Order [Denying Plaintiffs' Motion to Modify the Record] 01/09/2004 (2004 WL 67474) (W.D. Wis.)
PC-WI-0001-0035.pdf | WESTLAW | Detail
Order [Denying Motion to Stay Order Pending Appeal] 02/26/2004 (2004 WL 420157 / 2004 U.S.Dist.LEXIS 3365) (W.D. Wis.)
PC-WI-0001-0034.pdf | WESTLAW| LEXIS | Detail
Opinion [Affirming D.C.'s Order to Provide A/C] 07/02/2004 (374 F.3d 541)
PC-WI-0001-0017.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Re: Negotiations for Amendment to the Settlement Agreement] 03/31/2006 (2006 WL 897864) (W.D. Wis.)
PC-WI-0001-0036.pdf | WESTLAW | Detail
Order 05/15/2006 (W.D. Wis.)
PC-WI-0001-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Re: Termination of the Consent Decree] 05/15/2006 (2006 U.S.Dist.LEXIS 30423) (W.D. Wis.)
PC-WI-0001-0038.pdf | LEXIS | Detail
Document Source: LexisNexis
Opinion and Order [Staying Decision to Terminate Consent Decree] 07/31/2006 (2006 WL 2168682) (W.D. Wis.)
PC-WI-0001-0037.pdf | WESTLAW | Detail
Modified Settlement Agreement 05/01/2007
PC-WI-0001-0004.pdf | Detail
Order Approving the Modified Settlement Agreement 05/01/2007 (W.D. Wis.)
PC-WI-0001-0005.pdf | Detail
Order Approving the Modified Settlement Agreement 05/01/2007 (W.D. Wis.)
PC-WI-0001-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/03/2007 (W.D. Wis.)
PC-WI-0001-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Monitor's Report 03/03/2008
PC-WI-0001-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Re: Jones 'el, et al. v. Frank, et al., 00-C-421-C 04/30/2008
PC-WI-0001-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Monitor's Report 05/02/2008
PC-WI-0001-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Re: Jones ‘El v. Berge; 00-C-421-C 06/12/2008
PC-WI-0001-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum 12/13/2013 (W.D. Wis.)
PC-WI-0001-0039.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Crabb, Barbara Brandriff (W.D. Wis.) [Magistrate]
PC-WI-0001-0005 | PC-WI-0001-0007 | PC-WI-0001-0008 | PC-WI-0001-0009 | PC-WI-0001-0010 | PC-WI-0001-0011 | PC-WI-0001-0012 | PC-WI-0001-0013 | PC-WI-0001-0014 | PC-WI-0001-0015 | PC-WI-0001-0016 | PC-WI-0001-0020 | PC-WI-0001-0021 | PC-WI-0001-0022 | PC-WI-0001-0023 | PC-WI-0001-0024 | PC-WI-0001-0025 | PC-WI-0001-0026 | PC-WI-0001-0027 | PC-WI-0001-0028 | PC-WI-0001-0029 | PC-WI-0001-0030 | PC-WI-0001-0031 | PC-WI-0001-0032 | PC-WI-0001-0033 | PC-WI-0001-0034 | PC-WI-0001-0035 | PC-WI-0001-0036 | PC-WI-0001-0037 | PC-WI-0001-0038 | PC-WI-0001-0039 | PC-WI-0001-9000
Crocker, Stephen L. (W.D. Wis.) [Magistrate]
PC-WI-0001-9000
Kanne, Michael Stephen (N.D. Ind., Seventh Circuit)
PC-WI-0001-0017
Manion, Daniel Anthony (Seventh Circuit)
PC-WI-0001-0018
Rovner, Ilana Kara Diamond (N.D. Ill., Seventh Circuit)
PC-WI-0001-0018
Wood, Diane Pamela (Seventh Circuit)
PC-WI-0001-0018
Monitors/Masters None on record
Plaintiff's Lawyers Bhat, Gouri (District of Columbia)
PC-WI-0001-9000
Dickey, Walter (Wisconsin)
PC-WI-0001-0036 | PC-WI-0001-0038
Eisenberg, Howard B. (Wisconsin)
PC-WI-0001-0015 | PC-WI-0001-0016
Fathi, David Cyrus (District of Columbia)
PC-WI-0001-0004 | PC-WI-0001-0015 | PC-WI-0001-0016 | PC-WI-0001-0017
Garvey, Edward R. (Wisconsin)
PC-WI-0001-0003 | PC-WI-0001-0004 | PC-WI-0001-0010 | PC-WI-0001-0015 | PC-WI-0001-0016 | PC-WI-0001-0017 | PC-WI-0001-0020 | PC-WI-0001-0021 | PC-WI-0001-0022 | PC-WI-0001-0023 | PC-WI-0001-0024 | PC-WI-0001-0025 | PC-WI-0001-0027 | PC-WI-0001-0028 | PC-WI-0001-0029 | PC-WI-0001-0030 | PC-WI-0001-0031 | PC-WI-0001-0032 | PC-WI-0001-0033 | PC-WI-0001-0035 | PC-WI-0001-0036 | PC-WI-0001-0038 | PC-WI-0001-9000
Hurley, Stephen (Wisconsin)
PC-WI-0001-0020 | PC-WI-0001-0021 | PC-WI-0001-0022 | PC-WI-0001-0023 | PC-WI-0001-0024 | PC-WI-0001-0025 | PC-WI-0001-0027 | PC-WI-0001-0028 | PC-WI-0001-0029 | PC-WI-0001-0030 | PC-WI-0001-0031 | PC-WI-0001-0032 | PC-WI-0001-0033 | PC-WI-0001-0035
Layde, Joseph (Wisconsin)
PC-WI-0001-0009 | PC-WI-0001-0011 | PC-WI-0001-9000
Martines, Micabil Diaz (Wisconsin)
PC-WI-0001-0015 | PC-WI-0001-0016
McGillivray, Pamela R. (Wisconsin)
PC-WI-0001-0004 | PC-WI-0001-0015 | PC-WI-0001-0016 | PC-WI-0001-9000
Pabellon, Carlos (Wisconsin)
PC-WI-0001-0004
Shellow, Robin (Wisconsin)
PC-WI-0001-0015 | PC-WI-0001-0016
Stoddard, Glenn M. (Wisconsin)
PC-WI-0001-0015 | PC-WI-0001-0016
Defendant's Lawyers Davis, Stan (Wisconsin)
PC-WI-0001-0001 | PC-WI-0001-0003 | PC-WI-0001-0015 | PC-WI-0001-0016
Finkelmeyer, Corey F. (Wisconsin)
PC-WI-0001-0004 | PC-WI-0001-0036 | PC-WI-0001-9000
Hoornstra, Charles D. (Wisconsin)
PC-WI-0001-0017
McCambridge, James (Wisconsin)
PC-WI-0001-0020 | PC-WI-0001-0021 | PC-WI-0001-0022 | PC-WI-0001-0023 | PC-WI-0001-0024 | PC-WI-0001-0025 | PC-WI-0001-0027 | PC-WI-0001-0028 | PC-WI-0001-0029 | PC-WI-0001-0030 | PC-WI-0001-0031 | PC-WI-0001-0032 | PC-WI-0001-0033 | PC-WI-0001-0035 | PC-WI-0001-0037
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -