01-3162 State ex rel. Berrell Freeman v. Berge

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“We are satisfied that neither the regulations nor the notices Freeman received required him to wait longer than October 1, 2001, before filing a petition for review by certiorari of the decision to place him in administrative confinement. Therefore, we conclude Freeman exhausted the available administrative remedies with respect to the ACRC’s decision to place him in administrative confinement at SMCI. …

“In summary, we conclude that the petition fails to allege exhaustion of the ICRS with respect to the Whiteville disciplinary decision, and Freeman does not argue that the ICRS was not available to review that decision. Therefore, we affirm the circuit court order dismissing the petition insofar as it seeks review of that decision. We also conclude that the petition alleges exhaustion of the available administrative remedies for review of the ACRC decision placing him in administrative confinement at SMCI. Therefore, we reverse the circuit court order dismissing the petition insofar as it seeks review of that decision. Finally, we conclude that the petition fails to allege exhaustion of the available administrative remedies with respect to any procedural challenges to the Dec. 9, 1999 PRC decision transferring him to SMCI, and that the petition for certiorari review of the substantive basis of that decision is untimely.

Therefore, we affirm the circuit court order dismissing the petition insofar as it seeks review of that PRC decision.”

Recommended for publication in the official reports.

Dist IV, Dane County, Albert, J., Vergeront, P.J.

Attorneys:

For Appellant: Berrell Freeman, Boscobel

For Respondent: Charles D. Hoornstra, Madison; Brian W. Blanchard, Madison