813.40 Injunctive relief in prison condition cases.

311 words·~1 min read·/wi/chapter-813/813-40

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In this section:

1. “Prisoner” has the meaning given in s. 801.02

(a)2.

2. “Prison or jail conditions” has the meaning given in s. 801.02

(a)3.

(b)If a court determines that an injunction may be granted to a prisoner in any action or special proceeding with respect to prison or jail conditions, any injunction issued shall meet all of the following criteria:

1. Require only what is necessary to correct the harm.

2. Is the least intrusive means necessary to correct that harm.

3. Does not require or permit a government official, employee or agent to exceed his or her authority or to violate a state law or local ordinance unless all of the following apply:

a. Federal law permits that relief.

b. The relief is necessary to correct the violation of a federal right.

c. No other relief will correct the violation of a federal right.

(c)If an injunction is issued that does not meet the requirements in par.

(b), a defendant or intervenor is entitled to immediate termination of any prospective relief or to a revision of the injunction to meet those requirements. Prospective relief need not be terminated if the court makes written findings based on the record that the requirements under par.

(b)are met.

(d)A court may not enter into or approve a consent decree in an action for injunctive relief under this section if that consent decree does not meet the requirements in par.

(b). This paragraph does not prevent the parties from entering into a private settlement agreement that does not comply with the requirements in par.

(b)if the terms of that settlement agreement are not subject to court enforcement other than the dismissal of the action or special proceeding based on the settlement agreement.