Case: Bembenek v. Bablitch

2:86-cv-00262 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: March 10, 1986

Closed Date: 1997

Clearinghouse coding complete

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 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 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.

Summary Authors

Kristen Sagar (4/13/2006)

People


Judge(s)

Reynolds, John W. (Wisconsin)

Attorney for Plaintiff

Sykes, Diane S. (Wisconsin)

Attorney for Defendant

Remington, Frank (Wisconsin)

Judge(s)

Reynolds, John W. (Wisconsin)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

2:86-cv-00262

Docket [PACER]

Aug. 25, 1997

Aug. 25, 1997

Docket

Docket

Last updated Feb. 19, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
89

MOTION by defendant TO VACATE THAT PORTION OF THE CONSENT DECREE ENTERED ON OR ABOUT 3/18/88 (ers, )

May 1, 1996

May 1, 1996

90

AFFIDAVIT of Sharon Zunker re [89-1] (ers, )

May 1, 1996

May 1, 1996

91

BRIEF by plaintiff IN OPPOSITION to motion TO VACATE THAT PORTION OF THE CONSENT DECREE ENTERED ON OR ABOUT 3/18/88 [89-1] (ers, ) (Entered: 05/24/1996)

May 23, 1996

May 23, 1996

92

MOTION by defendant Stephen Bablitch to vacate Consent Decree entered into on or about 3/18/88 (tlf, )

July 9, 1996

July 9, 1996

93

BRIEF by defendant Stephen Bablitch in support of motion to vacate Consent Decree entered into on or about 3/18/88 [92-1] (tlf, )

July 9, 1996

July 9, 1996

94

AFFIDAVIT/VERIFICATION of Sharon Zunker (tlf, )

July 9, 1996

July 9, 1996

95

CERTIFICATE OF SERVICE by defendant Stephen Bablitch (tlf, )

July 9, 1996

July 9, 1996

96

STIPULATION and ORDER by Senior Judge John W. Reynolds : That the plaintiffs shall have until 8/12/96 to file a brief in response to Defts Motion to Vacate the Consent Decree & that defts shall have until 8/26/96 to file a Reply Brief in support therof. (cc: all counsel) (ers, ) (Entered: 08/06/1996)

Aug. 5, 1996

Aug. 5, 1996

97

BRIEF by plaintiff IN OPPOSITION to motion to vacate Consent Decree entered into on or about 3/18/88 [92-1], to motion TO VACATE THAT PORTION OF THE CONSENT DECREE ENTERED ON OR ABOUT 3/18/88 [89-1] (ers, ) (Entered: 08/13/1996)

Aug. 12, 1996

Aug. 12, 1996

98

MOTION by plaintiff TO FILE BRIEF IN EXCESS OF 30 PAGES (ers, )

Aug. 13, 1996

Aug. 13, 1996

99

AFFIDAVIT of Ann M. Maher In Opposition to Defts Motion to Vacate (ers, )

Aug. 13, 1996

Aug. 13, 1996

100

LETTER From Deputy Clerk Rita Zvers saying that Opposing Counsel (Defendants) shall file a 2 page brief in response to Plaintiffs Motion for permission to file a brief in response to the motion on or before 8/23/96 (ers, ) (Entered: 08/14/1996)

Aug. 13, 1996

Aug. 13, 1996

101

LETTER from defendant Stephen Bablitch by Atty Remington maintaining that the only remaining obligation imposes on them by the decree concerns 24 hour medical coverage & the & the preparation of an annual medical review (ers, )

Aug. 21, 1996

Aug. 21, 1996

102

MOTION by defendant for oral argument (bet, )

Jan. 23, 1997

Jan. 23, 1997

103

DECISION AND ORDER by Senior Judge John W. Reynolds granting motion to vacate that portion of the 3/18/88 Consent Decree requiring 24- hour care at Taycheedah Corr. Inst. [89-1] (cc: all counsel) (vlh, ) (Entered: 02/25/1997)

Feb. 24, 1997

Feb. 24, 1997

104

REQUEST by Debi Christie for copy of most recent consent decree along with copies of 8/12/96 brief & affidavit in opposition to vacating consent decree (vlh, )

Aug. 25, 1997

Aug. 25, 1997

Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 10, 1986

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners at the Wisconsin State Women's Prison, alleging unconstitutional overcrowding.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Wisconsin Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1988 - 1997

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Pre-PLRA Population Cap

Affected Sex or Gender:

Female

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run