Judge rejects Republican demand to give Wisconsin juvenile corrections counselors more freedom in punishing inmates

MADISON, Wis. (AP) — A federal judge has rejected a request by Republican lawmakers to give counselors at a Wisconsin youth prison more leeway in controlling and punishing inmates after a counselor was killed in a fight at the facility over the summer.

U.S. District Judge James Peterson sent a letter to Senate Judiciary Committee Chairman Van Wanggaard and Democratic Gov. Tony Evers on Tuesday, telling them that if they wanted changes at Lincoln Hills-Copper Lake schools, they would have to file a formal legal request and prove that current restrictions on counselors put staff and inmates at risk.

At the youth prison in northern Wisconsin, there are repeated allegations that staff mistreated inmates, including through excessive use of pepper spray, restraints and body searches.

The American Civil Liberties Union filed a federal lawsuit in 2017 demanding improvements at the prison. The administration of then-Governor Scott Walker reached a settlement in 2018 that bans criminal detention, limits the length of detention to 12 hours, limits the use of mechanical restraints to handcuffs and bans the use of pepper spray.

A group of Republican lawmakers led by Wanggaard has been pushing for a loosening of the settlement since the murder of attorney Corey Proulx in June. According to a criminal complaint, Proulx fell and hit his head on the concrete pavement 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, Corrections Secretary Jared Hoy and U.S. District Judge James Peterson on Aug. 16 complaining that the settlement's restrictions had made the youth prison more dangerous for staff and inmates. The Republicans urged Hoy to ask Peterson to reconsider the bans.

Evers wrote his own letter to Peterson on August 14, urging the judge to leave the settlement alone. He reminded Peterson that staff's brutal punishments toward juveniles led to the restrictions in the first place, and said that conditions at the prison had slowly improved since Proulx's death. After learning of the governor's letter, Wanggaard sent another letter to Peterson on August 16, saying the governor's letter was political rhetoric.

In his letter Tuesday, Peterson wrote that the settlement decision has been in effect for six years and that it was unfortunate that Proulx had to die to get the attention of state officials.

He further explained that a change could be achieved through a legal motion, which would give all parties involved in the case the opportunity to express their opinion.

The judge warned anyone seeking such a motion that the U.S. Constitution sets minimum standards for the treatment of inmates “beyond cruelty and barbarism.” He pointed out that the settlement order allows the use of handcuffs and confinement to protect people from harm, and he wants to see evidence that these restrictions pose a danger to juveniles or staff.

In an email to the Associated Press Wednesday morning, Wanggaard said he would continue to advocate for “responsible training and tools” at the youth prison and criticized Evers for not giving Hoy the authority to require Peterson to revise the settlement.

Asked if Republican lawmakers could file a motion themselves, Wanggaard aide Scott Kelly said the legislature is not a party to the case and Wanggaard has not spoken to him or other lawmakers about joining the proceedings. Kelly blamed the issue on Evers and said the governor could direct Hoy to seek changes to the settlement resolution and improve policies at the youth prison.

Evers spokeswoman Britt Cudaback and Department of Corrections spokeswoman Beth Hardtke did not immediately respond to messages Wednesday morning.