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Prisons – PLRA — sexually violent persons

By: WISCONSIN LAW JOURNAL STAFF//October 13, 2011//

Prisons – PLRA — sexually violent persons

By: WISCONSIN LAW JOURNAL STAFF//October 13, 2011//

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Wisconsin Court of Appeals

Civil

Prisons – PLRA — sexually violent persons

Scott Schmidt appeals an order dismissing his petition for certiorari review of an administrative decision on an inmate complaint in which Schmidt sought to obtain a photocopy of material from his confidential prison file. In addition to the administrative decision, Schmidt also challenges the circuit court’s ruling that he was a “prisoner” subject to the requirements of the Wisconsin Prisoner Litigation Reform Act, and its refusal to appoint counsel on his behalf. We agree that Schmidt should not have been categorized as a prisoner while he was being detained subject to Wis. Stat. ch. 980 (2009-10),[1] but we conclude that Schmidt was not entitled to counsel or relief on his certiorari claim. Accordingly, we affirm in part and reverse in part. This opinion will not be published.

2010AP1420 State ex rel. Schmidt v. Raemisch

Dist IV, Dane County, Gaylord, J., Per Curiam

Attorneys: For Appellant: Schmidt, Scott R., pro se; For Respondent: Keckhaver, Karla Z., Madison

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