Case: Delgado v. Cady

2:79-01018 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Dec. 10, 1979

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Case Summary

Prisoners at the Wisconsin State Prison filed a class action 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 double celling, overcrowding, inadequate medical care, inadequate prison security, inadequate mental health staffing, and inadequate social worker staffing. On December 28, 1983, the U.S. District Court for the Eas…

Prisoners at the Wisconsin State Prison filed a class action 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 double celling, overcrowding, inadequate medical care, inadequate prison security, inadequate mental health staffing, and inadequate social worker staffing.

On December 28, 1983, the U.S. District Court for the Eastern District of Wisconsin (Judge Robert Warren) held that the space available to each prisoner during double celling was constitutionally adequate, that coerced double celling of inmates with suicidal cellmates was unconstitutional, that the double celled prisoners were given constitutionally adequate amounts of time outside their cells, that prison security, medical, social worker, and mental health staffing was not unconstitutionally deficient, that triple celling was not constitutional except as a temporary holding procedure, and that housing a small number of severely mentally disturbed prisoners in an adjustment center for problem prisoners was constitutional. Delgado v. Cady, 576 F.Supp. 1446 (E.D.Wis. 1983). We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (4/13/2006)

People


Judge(s)

Warren, Robert Willis (Wisconsin)

Attorney for Plaintiff

Casey, Kenneth P (Wisconsin)

Attorney for Defendant

Repasky, Robert D. (Wisconsin)

Judge(s)

Warren, Robert Willis (Wisconsin)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

2:79-01018

Decision and Order

Delgado v. Cody

Dec. 28, 1983

Dec. 28, 1983

Order/Opinion

576 F.Supp. 576

Docket

Last updated March 30, 2024, 3:19 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 10, 1979

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are or become...confined at the Waupun Correctional Institution and who are...subject to double-celling in a cell designed for occupancy by a single inmate.

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wisconsin Department of Corrections (Waupon), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1983 - 0

Issues

General:

Classification / placement

Conditions of confinement

Recreation / Exercise

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Crowding / caseload

Affected Sex or Gender:

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run