Feb. 11, 2012

Offender Complaint

by Harlan Richards (author's profile)

Transcription

DEPARTMENT OF CORRECTIONS WISCONSIN
Division of Adult Institutions Administrative Code -
DOC-400 (Rev 12/02) Chapter DOC 310
OFFENDER COMPLAINT

INSTRUCTIONS: SEE REVERSE SIDE
_________________________________________________________________________. TO BE FILLED IN BY ICE ONLY
OFFENDER NAME (if group complaint, DOC NUMBER DOC COMPLAINT FILE NUMBER
enter name of spokesperson)
DATE COMPLAINT RECEIVED
Harlan Richards 37975
__________________________________________________________________________ CODE NUMBER
INSTITUTION NAME OFFENDER HOUSING CELL OR ROOM
UNIT NUMBER

SCI 3% 18
__________________________________________________________________________
DATE OF INCIDENT OR DENIAL OF REQUEST

Ongoing
_____________________________________________________
STATE YOUR COMPLAINT

On July 5, 2011, Dane County Circuit Court Judge C. William Foust
issued his order in Stat ex release Richards v Haisa, 11 CV 1723, stating
in pertinent part:
"IT IS HEREBY ORDERED AND ADJUDGED THAT the January 25,2011,
decision increasing Richard's custody classification
from minimum to medium is vacated and Richards is restored
to his pre-January 25 status."

I received the court's order in the mail on July 15, 2011 and am
attaching a copy to this grievance.

Pursuant to DOC 302.19(1) I cannot be held in SCI unless I am assigned
to SCI or there is a "clinical, medical or security emergency." There
is no emergency and I am assigned to Gordon Correctional Center.

There is no procedure for me to seek implementation of the court's
order so I am filing this grievance and asking that I be scheduled for
return to Gordon Correctional Center. There is a weekly trip made to
the northern centers and I would like to be scheduled to return to
Gordon on one of the upcoming trips.

["-1-" written in black marker pen]

NAME(S) OF PEOPLE WHO HAVE INFORMATION ABOUT THIS COMPLAINT

I showed the court order to Ms. Spletter and she declined to take
any action.

SIGNATURE OF OFFENDER OR SPOKESPERSON DATE SIGNED

[signature of Harlan Richards] July 25, 2011

NOTICE TO OFFENDER: The ICE will acknowledge your complaint within 5 working days of the date of receipt.

STATE OF WISCONSIN CIRCUIT COURT COUNTY OF DANE
BRANCH 14
_____________________________________________________________________________________________________________

STATE EX REL. HARLAN RICHARDS,
Petitioner,

vs.
CASE NO. 11-CV-1723

MARK HEISE
Defendant.

_____________________________________________________________________________________________________________

DECISION AND ORDER ON PETITIONER'S PETITION FOR CERTIORARI
_____________________________________________________________________________________________________________

This case is before the Court on Harlan Richards' Petition for a Writ of Certiorari filed
April 12, 2011. Richards seeks review of the January 25, 2011, custody classification decision of
Mark Heise. On May 18 Richards filed a motion seeking temporary relief. This Record was filed May 27. I scheduled Richards' motion for hearing on July 5. In the meantime, on June 16, 2011,
the Court of Appeals ruled that Heise's 2008 custody classification decision in Richards' case
was arbitrary.
On July 5, 2011, having reviewed the Records and the Court of Appeals decision, I
concluded that Heise's decision in the case before me was based on the same information and
considerations relied upon in the 2009 decision reversed by the Court of Appeals. Therefore, for the reasons stated on the record,
IT IS HEREBY ORDERED AND ADJUDGED THAT the January 25, 2011, decision
increasing Richard's custody classification from minimum to medium is vacated and Richard is
restored to his pre-January 25 status.
Dated this 5th day of July, 2011.

BY THE COURT
[Signature of William Foust]
______________________________
cc: Assistant Attorney General Melissa Rhone C. William Faust
Harlan Richards Circuit Court Judge, Branch 14

["-2-" written in black marker pen]

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