Last week seven prisoners vowed to refuse to eat until the DOC moves toward eliminating their practice of long term solitary confinement. Some prisoners began refusing food early so that their hunger strike would be officially recognized by the 10th. The DOC has responded by separating the prisoners to make a negotiated resolution of the protest impossible. Mutawakkil was transferred from Waupun to Columbia CI before the strike officially began, he has not yet received his property and Columbia officials deny that anyone is refusing food at their institution.
Submitted June 6, Decided July 7, The cause was submitted for the appellant on the brief of Jerry Thomas, I, of Waupun, pro se, and for the respondents on the brief of Robert W. Warren, attorney general, and Michael R.
Klos, assistant attorney general. In his petition, Thomas alleges he has suffered an ailment for months involving a bowel problem and lower abdominal pain and during the past ten months has seen the prison doctor many times, but the doctor has done nothing to correct the problem.
He alleges he has availed himself of sick call on many occasions but has obtained no relief and since his arrival in the prison in October,he has not received a physical examination, despite his complaints.
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Thomas alleges he has heard of no determination by that department. Thomas is a veteran and alleges he wrote to the Veterans Administration asking it to do what it could to see he received treatment, but this letter was returned to him unmailed by prison authorities on the ground it violated prison rules.
The court believes a writ should issue requiring the warden and the department to make a determination of the adequacy of medical treatment of Thomas, if it has not already done so and to justify the prison rule forbidding an inmate to communicate by mail with the Veterans Administration.
Judge GERGEN was under the impression that upon the department's failure to effect such transfer, the prisoner had a right to a judicial review of the determination of the department. Ludington33 Wis. Schmidt7 Wis. New Berlin34 Wis. The state in its brief claims Thomas has not exhausted his available administrative remedies, but it does not enlighten this court by stating what those remedies are and how adequate they may be.
Provisions for a review of an administrative decision under sec. Thomas is to be transferred to the university hospital for treatment, the application to the regents must be made by the department on its own motion under sec.
The term "decision" as used in sec. Case [Wis. In the instant case there was no contested proceeding in which the plaintiffs were accorded a hearing, and no findings of fact whatever were attempted to be entered.
WERC42 Wis. A determination by the department not to make an application would not seem to qualify as a decision under sec.
Another possible remedy is suggested by sec. Under this section, Thomas could conceivably ask for a ruling from the department as to whether it should transfer him to the university hospital for medical treatment, and such a ruling is reviewable in the same manner as "decisions" are under sec. However, the issuance of such a ruling is discretionary and does not afford the petitioner as a matter of right with an appealable ruling.
Karns39 Wis. Consequently, this method cannot be called an alternative remedy which is plain, adequate, and complete, as required by the cases. Schmidt, supra; Burke v. Madison17 Wis. New Berlin, supra, at page ; 55 C. We conclude therefore the possible remedies under ch.
The trial court refused the writ also on the ground it would be an attempt to control the exercise of the department's discretion. It is true mandamus will not lie to control the manner in which a governmental body or officer exercises his statutorily conferred discretion. Sharpe40 Wis.Search Federal Bureau of Prisons Inmate Records.
The Federal Bureau of prisons consists of institutions, 6 regional offices, a Central Office (headquarters), 2 staff training centers, and 28 community corrections offices. The regional offices and Central Office provide administrative oversight and support to Bureau facilities and community corrections offices.
The Department should seek passage of legislation that would extend federal criminal jurisdiction to individuals who engage in a sexual act with a federal prisoner housed in a detention facility under contract to the Department.
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