9. Terrance J. Shaw of Sturtevant, Wisconsin claims $400.15 for court filing fees, cost of service, supplies, and photocopies allegedly incurred due to the actions of Department of Corrections staff. Claimant received a conduct report charging him and his roommate with covering their cell door window. He filed a complaint with the Inmate Complaint Review System, which was denied. He filed a Writ of Certiorari in Dane County Circuit Court challenging the conduct report. The court found no evidence supporting claimant’s guilt. The court reversed DOC and vacated the conduct report. In its decision, the court stated that the conduct report was “arbitrary and capricious,” that DOC “did not follow its own rules,” and that claimant’s “right to due process was violated by the DOC’s staff.” Claimant takes issue with DOC’s assertion that he has not exhausted his administrative remedies. He notes that these costs were incurred in January-February 2017. DOC rules require that ICRS complaints be filed within 14-days, therefore, any complaint he filed now would be considered untimely. Because no remedy exists for him under the ICRS system, he is not legally obligated to use it. DOC also seems to suggest that § 814.25, Stats., shows legislative intent to completely bar prisoners from ever receiving costs for actions related to prison conditions. Claimant believes this is a misinterpretation of the statute, which clearly allows costs under certain circumstances. Claimant notes that § 814.25, Stats., only bars the court from awarding costs in a certiorari action related to prison conditions, it is not a total ban against prisoners receiving costs. Claimant states that such a ban would violate prisoners’ rights under Article 1, Section 9 of the Wisconsin Constitution. He requests reimbursement for his costs, which would not have been incurred but for the arbitrary and capricious actions of DOC. DOC recommends denial of this claim. While claimant did file an ICRS complaint related to the conduct report he received, he did not file a subsequent complaint requesting reimbursement for his costs. Because he did not do so, he has failed to exhaust his administrative remedies as required by Chapter DOC 300, Wis. Admin. Code. DOC also believes that § 814.25, Stats., makes it clear that the Wisconsin Legislature did not want prisoners to be awarded costs for actions related to prison conditions. Section 814.25(2)(b), Stats., specifically states such costs are not allowed for certiorari actions related to prison conditions. DOC believes that if the court is not allowed to award such costs, it stands to reason that claimant should not be allowed to circumvent the statute by claiming such costs before the Claims Board. 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 which the state should assume and pay based on equitable principles.
10. Donovan Crowe of Portage, Wisconsin claims $257.60 for monies allegedly illegally deducted from claimant’s inmate account at Columbia Correctional Institution. In December 2016, the Department of Corrections switched computer software from the Wisconsin Inmate Trust System (WITS) to the Wisconsin Integrated Corrections System (WICS). After the switch, WICS deducted $80 court costs and $170 supervision fees from claimant’s inmate account. He alleges that these debts had already been paid under the WITS system. He filed an institution complaint and both the Inmate Complaint Examiner, and the Corrections Complaint Examiner affirmed his complaint. Despite this decision, DOC’s business office has refused to refund the money to claimant. Claimant points to two January 2017 DOC memos as evidence that DOC admits it erred in deducting the money. He requests reimbursement for the $250 deducted from his account and $7.60 for the cost of filing this claim.
DOC recommends denial of this claim. DOC states that the initial decision to affirm claimant’s institution complaint was erroneous. After the decision, it was discovered that the court costs and supervision fees had never been added to claimant’s debts and obligations under the WITS system and had therefore never been deducted from his account. This oversight was discovered when the switch was made to the WICS system and those debts were added to claimant’s accounts and properly deducted under the new system. DOC notes that the January 2017 memos do not support his argument and are not admissions of error by DOC in this matter. DOC believes claimant has submitted no proof that he has previously paid these debts and that his claim 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 which the state should assume and pay based on equitable principles.
The Board concludes:
That the following identified claimants are denied:
Jay Callahan
Penny Schofield
Vance Hernandez-Smith
Wade A. Strassburg
Terrance J. Shaw
Donovan Crowe
That payment of the amounts below to the identified claimants from the following statutory appropriations is justified under § 16.007 (6)(b), Stats: That decision of the following claims is deferred until a later date:
Shanquil Bey
Dated at Madison, Wisconsin this 27th day of February, 2018.
COREY FINKELMEYER
Chair, Representative of the Attorney General
CHRISTOPHER N. GREEN
Secretary, Representative of the Secretary of Administration
KATIE E. IGNATOWSKI
Representative of the Governor
LUTHER OLSEN
Senate Finance Committee
MARY FELZKOWSKI
Assembly Finance Committee
_____________
Motions Under Senate Rule 98 and Joint Rule 7 for the Month of February 2018
A certificate of commendations by the Wisconsin Senate on the motion of Senator Stroebel, for Hunter Babcock, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Erpenbach, for Alyssa Beery, on the occasion of the completion of the Senate Scholar Program.
A certificate of commendations by the Wisconsin Senate, for Joshua G. Bixler, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of condolences by the Wisconsin Senate on the motion of Senator Taylor, for the family and friends of Monica Joyce Campbell, on the occasion of extending our deepest sympathies to her family and friends.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Ringhand, for Brady Deegan, on the occasion of the completion of the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Nass, for Megan Degner, on the occasion of the completion of the Senate Scholar Program.
A certificate of commendations by the Wisconsin Senate on the motion of Senator Darling, for Kent Eliason, on the occasion of receiving the 2017 President’s Award from Chamber President Leanne Buttke and the Menomonee Falls Chamber of Commerce and wish him success in future endeavors.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Vukmir, for Amanda Eve, on the occasion of the completion of the Senate Scholar Program.
A certificate of commendations by the Wisconsin Senate on the motion of Senator Darling, for Benjamin Ferree, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Risser, for William Franken, on the occasion of the completion of the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Vukmir, for Elizabeth Gardner, on the occasion of the completion of the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Moulton, for Joshua Gienapp, on the occasion of the completion of the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Shilling, for Tayler Jones, on the occasion of the completion of the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Olsen, for Ryan Krieser, on the occasion of the completion of the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Hansen, for Coleman North LaBlanc, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Risser, for Awonder Liang, on the occasion of achieving the Grandmaster title from the Federation International des Eches, and we wish him all the best at the 2018 United States Closed Championship in St. Louis, Missouri.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Erpenbach, for Nicholas Maxfield, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendations by the Wisconsin Senate on the motion of Senator Taylor, for First Lady Prentiss McClelland, on the occasion of her 65th Birthday and acknowledges her contributions, advocacy and compassion that continue to inspire the people of our community.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Cowles, for the Nicolet Mill, on the occasion of 125 years of operation and wishes safety and success for the Nicolet Mill and its current employees for years to come.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Kapenga, for Benjamin Mayo, on the occasion of the completion of the Senate Scholar Program.
A certificate of commendations by the Wisconsin Senate on the motion of Senator Miller, for the Monona Grove boys swim team, on the occasion of an outstanding season and wish them well in their future endeavors.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Hansen, for John Olsen, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendations by the Wisconsin Senate on the motion of Senator Stroebel, for Noah R. Pecor, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Lasee, for Emily Pinkert, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Cowles, for Tom Seidler, on the occasion of the completion of the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Vinehout, for Tiffani Skroch, on the occasion of the completion of the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Petrowski, for Anna Taylor, on the occasion of the completion of the Senate Scholar Program.
A certificate of commendations by the Wisconsin Senate on the motion of Senator Darling, for Gordon Thompson, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendations by the Wisconsin Senate on the motion of Senator Stroebel, for Nicholas Thorison, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Vinehout, for Benjamin Walz, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Craig, for Katherine Watson, on the occasion of the completion of the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Kapenga, for Mitch Whitmore, on the occasion of his performance on the U.S. Olympic Long Track Speedskating Team, and for his service to his country in the 2018 Olympic Winter Games in PyeongChang.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Shilling, for Yining Zhou, on the occasion of the completion of the Senate Scholar Program.
