DOC recommends denial of this claim. The claimant arrived at FLCI on 12/19/12. He was sent to FLCI segregation on 3/24/14 and transferred to WSPF on 5/21/14. DOC states that when packing his property for transfer, staff discovered the claimant did not have receipts for one sweatshirt and two T-shirts. Per DOC policy, inmates must maintain receipts for all property and property in an inmate’s possession without receipts is considered contraband. DOC states the sweatshirt and T-shirts were deemed contraband, removed from the claimant’s property and destroyed per DOC policy. DOC notes that although the claimant may have owned a radio at one time while at FLCI, the 3/24/14 inventory shows that he no longer did. DOC also points to the property inventory completed on 5/21/14 upon the claimant’s transfer to WSPF. This inventory clearly shows the claimant did not possess a radio or an extension cord. DOC believes it is likely the claimant lost, sold, had stolen, or threw away these items. DOC believes the claimant has provided no evidence that his personal property was improperly handled by DOC staff and therefore recommends denial of this claim.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one with the state should assume and pay based on equitable principles.
10. Ricky Grandy of Waupun, Wisconsin claims $42.94 for three magazines allegedly lost by DOC personnel. The claimant is an inmate at Waupun Correctional Institution (WCI). The claimant alleges he had four books and six magazines when he was moved to the segregation unit at WCI. While in segregation, the claimant requested his books and magazines. WCI property responded that he only had three magazines in his property but could not possess any magazines until he was moved to Step 3 segregation. The claimant filed an inmate complaint regarding the missing magazines. He states that he did not have a copy of his property inventory at the time and therefore mistakenly said 8 magazines were missing in his initial complaint. He filed a second complaint with the correct number of magazines. Both of the claimant’s complaints were denied. The claimant requests reimbursement for his three missing magazines.
DOC recommends denial of this claim. DOC believes the claimant has provided no evidence that his magazines were improperly handled by DOC staff or that they were ever missing at all. The clamant was moved into segregation on 9/22/13 and ultimately was released on 11/14/14. DOC notes that a 3/11/14 property inventory reflects that the claimant’s property contained a total of 10 books and magazines. While in segregation, the claimant was allowed to have his four books, leaving a total of six magazines, which the claimant was not allowed to access while in segregation.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one with the state should assume and pay based on equitable principles.
11. Mark S. Hickles of Boscobel, Wisconsin claims $381.48 for return of restitution money deducted from the claimant’s inmate account by DOC. On 7/9/05 the claimant received a conduct report at Racine Correctional Institution (RCI) for fighting, disruptive conduct, and permitting another inmate to enter his quarters. The claimant was found not guilty of fighting, however, RCI deducted money from his account for half the cost of medical treatment for the other inmate. The claimant believes that because he was found not guilty of fighting, it was improper for DOC to charge him restitution. He requests return of the money taken from his account by DOC.
DOC recommends denial of this claim. DOC states that on 7/9/05 the claimant allowed another inmate to enter his quarters and engaged in horseplay, which resulted in injury to the other inmate. The claimant was found guilty of disruptive behavior and allowing another inmate to enter his quarters, both of which are violations of DOC rules. As a consequence of these rule violations the claimant received 180 days of disciplinary segregation and was required to pay half the cost of the other inmate’s medical treatment. DOC began deducting this restitution from the claimant’s inmate account on 8/7/06. The claimant filed an inmate complaint regarding the restitution on 10/1/13, well beyond the 14 day time limit and his complaint was denied. Pursuant to Wis. Admin. Code s. 303.72(5) effective 2001, an inmate found guilty of violating disciplinary rules may be subject to a penalty, including restitution. DOC notes that the claimant never sought the available certiorari review of the disciplinary decision and that the decision was never reversed. DOC believes the claimant’s request for reimbursement more than 9 years later is an impermissible collateral attack on a final disciplinary decision and should be denied. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one with the state should assume and pay based on equitable principles.
12. Robert Morrison of Fox Lake, Wisconsin claims $19.71 for money deducted from the claimant’s account for canteen items he never received. On 9/2/14 the claimant ordered items from the Dodge Correctional Institution (DCI) canteen. The claimant was housed in Unit 7 when he placed the order. DCI deducted $19.71 from his account for the canteen items. On 9/5/14 the claimant was transferred to another institution and therefore did not receive an inmate account statement for two weeks. When he received his account statement, he realized that DCI deducted the money for items he never received. The claimant filed an inmate complaint which was denied because it was filed past the 14 day time limit.
DOC recommends payment of this claim based on equitable principles. DOC records indicate the claimant placed his canteen order while housed in Unit 7 at DCI. Shortly thereafter the claimant was transferred to Unit 12 at DCI and then to another institution. DOC has no evidence that the claimant ever received the items he purchased and therefore does not dispute his claim.
The Board concludes the claim should be paid in the amount of $19.71 based on equitable principles. The Board further concludes, under authority of § 16.007(6m), Stats., payment should be made from the Department of Corrections appropriation § 20.410 (1)(a), Stats. The Board concludes:
That the following identified claimants are denied:
Wasserstrass Farms, Inc.
Mark Bernhardt, Jr.
Michelle Milstein
Fred Plummer
Mark B. Brown (3 claims)
Ricky Grandy
Mark S. Hickles
That decision of the following claims is deferred to a later date:
TRC Engineers, Inc.
That payment of the amounts below to the identified claimants from the following statutory appropriations is justified under § 775.05, Stats: Dated at Madison, Wisconsin this 15th day of September, 2015.
COREY FINKELMEYER
Chair, Representative of the Attorney General
GREGORY D. MURRAY
Secretary, Representative of the Secretary of Administration
BRIAN HAGEDORN
Representative of the Governor
LUTHER OLSEN
Senate Finance Committee
MARY CZAJA
Assembly Finance Committee
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Referrals and Receipt of Committee Reports Concerning Proposed Administrative Rules
The joint committee for review of Administrative Rules reports and recommends:
Relating to exemption from required uninsured motorist, underinsured motorist, and medical payments coverage.
hist42568No action taken on October 26, 2015. STEPHEN NASS
Senate Chairperson
