University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bembenek v. Bablitch PC-WI-0003
Docket / Court 2:86-cv-00262-JWR ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Prison Conditions
Case Summary
On March 10, 1986, prisoners at the Wisconsin State Women's Prison filed a 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 plaintiffs alleged that their constitutional rights had been violated ... read more >
On March 10, 1986, prisoners at the Wisconsin State Women's Prison filed a 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 plaintiffs alleged that their constitutional rights had been violated by overcrowding at the prison.

The U.S. District Court for the Eastern District of Wisconsin (Judge John Reynolds) entered a consent decree in the case, which provided for a population cap at the prison. On March 18, 1988, the consent decree was modified to provide for 24-hour care at the Taycheedah Correctional Institute.

On May 1, 1996, the defendants asked the court to vacate the portion of the consent decree that provided for 24-hour care at the Taycheedah Correctional Institute. On February 24, 1997, the U.S. District Court for the Eastern District of Wisconsin (Judge Reynolds) granted the defendants' motion to vacate that portion of the consent decree. We have no further information on the proceedings in this case.

Kristen Sagar - 04/13/2006


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Issues and Causes of Action
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Issues
Affected Gender
Female
Crowding
Crowding / caseload
Pre-PLRA Population Cap
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Wisconsin Department of Corrections
Plaintiff Description Prisoners at the Wisconsin State Women's Prison, alleging unconstitutional overcrowding.
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1988 - 1997
Case Closing Year 1997
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)
86-262 (E.D. Wis.) 08/25/1997
PC-WI-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Reynolds, John W. (E.D. Wis.)
PC-WI-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Sykes, Diane S. (Wisconsin)
PC-WI-0003-9000
Defendant's Lawyers Remington, Frank (Wisconsin)
PC-WI-0003-9000
Other Lawyers None on record

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