Judge rejects GOP call to give Wisconsin youth prison counselors more freedom to punish inmates
MADISON, Wis. — A federal judge has rejected calls from Republican lawmakers to give counselors at Wisconsin’s troubled youth prison more discretion in monitoring and disciplining inmates after an advisor was murdered during a fight at the facility this summer.
U.S. District Judge James Peterson on Tuesday sent a letter to state Senate Judiciary Committee Chairman Van Wanggaard and Democratic Gov. Tony Evers telling them that if they want changes at Lincoln Hills-Copper Lake schools, they must file a formal legal request and show that current restrictions on counselors endanger staff and inmates.
The juvenile detention center in northern Wisconsin is plagued by accusations of abuse of prisoners by staff, including the excessive use of pepper spray, restraints and frisking.
The American Civil Liberties Union filed a federal lawsuit in 2017 seeking improvements to the jail. The administration of then-Governor Scott Walker settled the case in 2018 by agreeing to a consent decree that bans criminal confinement, limits confinement to 12 hours, limits the use of mechanical restraints to handcuffs, and bans the use of pepper spray.
A group of GOP lawmakers led by Wanggaard is insist on relaxing the consent decree since counselor Corey Proulx was murdered in June. According to a criminal complaint, Proulx fell and hit his head on the concrete sidewalk after a 16-year-old male inmate punched him in the face. He was declared brain dead two days later.
Wanggaard and other Republicans sent a letter to Evers, Attorney General Jared Hoy and U.S. District Judge James Peterson on Aug. 16, complaining that the consent decree restrictions have made the juvenile detention center more dangerous for staff and inmates. The Republicans asked Hoy to ask Peterson to reconsider the bans.
Evers responded with his own letter to Peterson on Friday, urging the judge to leave the consent decree alone. He reminded Peterson that harsh sentences for juveniles led to the restrictions in the first place and said conditions at the prison had slowly improved since Proulx’s death. Wanggaard responded with another letter to Peterson, saying the governor’s letter was political rhetoric.
Peterson wrote in his letter Tuesday that the consent decree has been in effect for six years and that it is unfortunate that Proulx had to die to get the attention of state officials.
He further said that the way to demand change is through a legal motion, which would give all parties involved in the matter a chance to voice their opinions.
The judge warned anyone considering filing such a motion that the U.S. Constitution sets minimum standards for the treatment of prisoners “that are next to cruelty and barbarism.” He noted that the consent decree authorizes the use of handcuffs and restraints to protect everyone from harm, and he would like to see evidence that the restraints pose a risk to juveniles or staff.
Wanggaard said in an email to The Associated Press Wednesday morning that he will continue to push for “responsible training and resources” at the juvenile detention center and criticized Evers for not giving Hoy the authority to demand that Peterson reconsider the consent decree.
Asked if GOP lawmakers could file a motion of their own, Wanggaard aide Scott Kelly said the Legislature is not a party to the case and that Wanggaard had not spoken to him or other lawmakers who joined the case. Kelly turned the issue back on Evers, saying the governor could direct Hoy to seek revisions to the consent decree and improve juvenile detention policies.
Evers spokeswoman Britt Cudaback and Department of Corrections spokeswoman Beth Hardtke did not immediately respond to messages Wednesday morning.