University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Johnson v. Raemisch PC-WI-0013
Docket / Court 3:07-cv-00390 ( 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 lawsuit in the United States District Court for the Western District of Wisconsin against the Wisconsin Department of Justice. The pro se plaintiff sued under 42 U.S.C. § 1983 and alleged violations of his First ... read more >
On July 19, 2007, a prisoner at Wisconsin's Waupun Correctional Institution filed this lawsuit in the United States District Court for the Western District of Wisconsin against the Wisconsin Department of Justice. The pro se plaintiff sued under 42 U.S.C. § 1983 and alleged violations of his First Amendment rights. Specifically, the plaintiff alleged that the defendants unconstitutionally refused to deliver him the March 22, 2007 edition of The New Abolitionist, a newsletter critical of Wisconsin prison officials. The edition of the newsletter that was withheld from the plaintiff contained, among other things, a report on a recent forum on “Wisconsin’s Correctional Future,” news stories about prisoner lawsuits that had settled, and a list of contact information for prisoner rights advocates. The plaintiff sought compensatory and punitive damages, as well as injunctive relief.

Under the 1996 Prison Litigation Reform Act, Judge Barbara Crabb was required to screen the plaintiff’s claim and to dismiss any frivolous claims. She found that the plaintiff’s First Amendment claims were non-frivolous, and granted the plaintiff leave to proceed on August 21, 2007. 2007 WL 5325393. On May 23, 2008 the court granted the 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.

However, the parties soon settled and stipulated to dismissal on July 15, 2008. The Clearinghouse does not know the terms of the settlement. The case is now closed.

Timothy Shoffner - 04/30/2013
Elizabeth Helpling - 11/13/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Defendant-type
Corrections
General
Access to lawyers or judicial system
Mail
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 denied access to a newsletter.
Class action status sought No
Class action status granted No
Filed Pro Se Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Unknown
Source of Relief Litigation
Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2007
Case Closing Year 2008
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
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
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
07-C-390-C (W.D. Wis.)
PC-WI-0013-9000.pdf | Detail
Date: 07/16/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Opinion and Order [ECF# 4] (2007 WL 5325393 / 2007 U.S.Dist.LEXIS 62513) (W.D. Wis.)
PC-WI-0013-0004.pdf | WESTLAW| LEXIS | Detail
Date: 08/21/2007
Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Cross-Motion for Summary Judgment
PC-WI-0013-0001.pdf | Detail
Date: 02/01/2008
Order on Motions for Summary Judgment (557 F.Supp.2d 964) (W.D. Wis.)
PC-WI-0013-0002.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 05/23/2008
Order [ECF# 40] (W.D. Wis.)
PC-WI-0013-0005.pdf | Detail
Date: 06/25/2008
Source: PACER [Public Access to Court Electronic Records]
Notice of Settlement [ECF# 44]
PC-WI-0013-0006.pdf | Detail
Date: 07/11/2008
Source: PACER [Public Access to Court Electronic Records]
Stipulation [ECF# 52]
PC-WI-0013-0003.pdf | Detail
Date: 07/16/2008
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Crabb, Barbara Brandriff (W.D. Wis.) show/hide docs
PC-WI-0013-0002 | PC-WI-0013-0004 | PC-WI-0013-0005 | PC-WI-0013-9000
Crocker, Stephen L. (W.D. Wis.) [Magistrate] show/hide docs
PC-WI-0013-9000
Defendant's Lawyers Hoel, David E. (Wisconsin) show/hide docs
PC-WI-0013-0003 | PC-WI-0013-0006 | PC-WI-0013-9000

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