STATE OF WISCONSIN CIRCUIT COURT BRANCH Inc, - 5006 Vilas Communication Hall 821 University Ave. 0 Madison, WI 53706, and Woe/m gm BILL LUEDERS 5006 Vilas Communication Hall 821 University Ave. Madison, WI 53706, Plaintiffs, 15090255 Case No. v. . 30701 Declaratoryjudgment; 30952 Petition fOr Writ of Mandamus WISCONSIN DEPARTMENT OF CORRECTIONS 3099 E. Washington Ave. PO. Box 7925 Madison, WI 53707-7925, and EDWARD WALL, in his official ?f3 #8 AN COPY OF THE capacity as Secretaly of the 399855-3?aim DOCUMENT FILED WITH THE DANE Wisconsin Department of Corrections COUNTY CLERK OF CERCUIT COURT. I 3099 E. Washingtorx Ave. Madison, WI 53707-7925, mm?- WET Defendants. COMPLAINT Plain?lfs, by their attorneys, McGillivray Westerberg Bender LLC, COmplain against Defendants as follows under the Wisconsin Open Records Law, Wis. Stat. 19.31 et seq. (?Open Records Law?): . 1. Inc. (doing business as the Wisconsin Center for Investigative . Journalism, or is a non-profit news corporation organized under the laws of Wisconsin and located in Madison, Whose principal office is 5006 Vilas Communication Hall, 821 University Ave, Madison, WI 53706. submitted Open Records requests to the Defendants, and is a ?requester? Within the definition of the Wisconsin Open - Records Law, Stat. 1932(3). 2. Bill Lueders is a reporter and employee of Whose business address is 5006 Vilas Comrnanication Hall, 821 University Ave, Madison, WI 53706. Mr. Lueders submitted Open Records requests to the Defendants on behalf of and is a ?requester? the definition of the Open Records Law, Wis. Stat. 1932(3). 3. The Wisconsin Department of Corrections is a state agency whose address is 3099 E. WaShington Ave, PO. Box 7925, Madison, WI 53707-7925, and Whose powers and duties are set forth, inter glint, in Wis. Stat. 301.03. It is an ?authority? I Within the definition of the Open RecOrds Law, Wis. Stat. 1932(1). 4. Defendant Edward F. Wall is the Secretary for the Wisconsin Department of Corrections Whose business address is 3099 E. Washington Ave, PO. Box 7925, Madison, WI 53707-7925. He is the custodian of records for the Department of I Corrections under Wis. Stat. 19.33, and is an ?authority? Within the definition of the Open Records Law, Wis. Stat. 1932(1). 5. Venue is proper under Wis. Stat. ?ags 6. The Wisconsin Center for investigative Journalism has repO?rted on matters involving corrections since its inception in 2009, and Plaintiff Bill Lueders has often reported on corrections in his'thirty years as a reporter. 7. Plaintiffs? reporting has included a story published on july 22, 2014, regarding the use of segregation, also known as "solitary confinement, in Wisconsin I prisons. Plaintiffs reported a follow-up story onl'D-ecember 10, 2014, regarding potential changes to DOC rules regarding segregation. 8. On September 19, 2014, Plaintiffs emailed an Open Records request to Defendant, Via the Department of Corrections? Director of Public Affairs, Joy Staab, seeking the following records: I This is to request, under the state open records law, 19.314 9.39 state statutes, and in particular 19.356, records of any disciplinary investigation and/or disciplinary action in calendar year 2014 concerning correctional of?cer Thomas Lucas. This request includes but is not necessarin limited to PREA Investigation #1802, involving Fox Lake inmate Antron Kent, #360459. 9. Ms. Staab confirmed receipt of the September 19, 2014, request on the same day it was submitted via email correSpond'ence to Plaintiffs. 10. MIL Lueders requested a status update on the September 19, 2014 request from Ms. Staab on November 19, 2014, since he had not received a response to the request. She did not reply to the status update. 11. A true and correct copy of the September 19, 2014, request, confirmation of I receipt, and status update is attached hereto as Exhibit A. 12. In October 2014, Mr. Lueders began corresponding with Ms. Staab about potential changes to Wisconsin?s segregation rules. 13. On November 18, 2014, Plaintiffs emailed an Open Records request to Defendants, care of Ms. Staab, seeking the following records: This is to request, under the state's open records law (19.31-19.39 state statutes), records regarding the work of the DOC task force on segregation from Aug. 1, 2014 to present, and any proposed or actual changes in DOC policy regarding the use of segregation. 14. Ms. Staab confirmed receipt of the November 18, 2014, request that same day via email correspondence to Plaintiffs. 15. A true and correct copy of the November 18, 2014, request and confirmation of receipt is attached hereto as Exhibit B. 16. On January 20, 2015, Plaintiffs sent a follow-up email to Ms. Staab to inquire about the status of the September 19 and November 18, 2014, Open Records requests, since Plaintiffs had not received a written response to either request or any responsive records other than con?rmation of receipt-of the requests. A true and correct copy of the January 20, 2015 email is attached hereto as Exhibit C. 17. Plaintiffs did not receive any response to the January 20, 2015 email, and to date, they have neither received a written response nor records reSponsive to the - September 19 and November 18 Open Records requests, other than con?rmation of receipt of the respective requests. CAUSE OF ACTION: Defendants Have Violated the Wisconsin Open Records Law 18. Plaintiffs incorporate by reference all allegations set forth in the preceding paragraphs. 19. Under Wis. Stat. 19.31, it is the declared public policy of this State that every I citizen is?entitled to the greatest possible information regarding the affairs of goverrunent and the official acts of government officers and employees. Wis. Stat. 19.31 thus provides that the Open Records law ?shall 'be construed in every instance 'With a presumption of complete public access, consistent the conduct of I governrnental business? and further, that denial of public access "generally is contrary to the public interest, and only in an exceptional case they access be denied.? 20; The Open Records Law provides that a requester has the right to inspect any record except as otherwise provided by law. Wis. Stat. Authorities must fill the request, or notify the requester of the authority?s decision to deny the request and the reasons for denial, ?as soon as practicable and Without delay.? Wis. Stat. see also id. I 21. Defendants have violated the Open Records Law by failing to respond to, and delaying and Withholding records responsive to, Plaintiffs? September 19, 2014, Open Records request. 22. Defendants have violated the Open Records Law by failing to respond to, and delaying and Withholding records responsive to, Plaintiffs? November 18, 2014, Open Records request. I 23. Defendants? actions have caused and will continue to cause injury to the Plaintiffs by depriving them and the public of their rights under the Open Records Law. RELIEF REQUESTED WHEREFORE, Plaintiffs request that the Court grant the following relief pursuant to Wis. Stat. 19.31 at $813.: I 1. An. order declaring that Defendants violated Wisconsin?s Opes Records Law, Wis. Stat. 19.31 et seq., see Wis. Stat. 806.04; 2. A mandamus order directing Defendants to produce for the Plaintiffs the requested records Without further delay, Wis. Stat. 3. An award to Plaintiffs for their reasonable attorneys? fees, damages of not less than $100, Plaintiffs? other actual costs, and punitive damages if the Court finds the Defendants arhitrarily and capriciously denied or delayed response to Plaintiffs? requests, Wis. Stat. 1937(2), (3) and 4. Such other relief as the Court deems just and equitable. Dated this 301"11 day of January, 2015. MCGILLIVRAY WESTERBERG BENDER LLC Attorney's for Plaintiffs ,4 Christa Westerber\g State Bar No. 1040530 Pamela R. McGillivray State Bar No. 1034194 211 S. Paterson St, Suite 320 .Madison, Wisconsin 53703 Telephone: (608) 310?3560 Facsimile: (608) 3103561 westerberg@mwbattorneys.com megillivray?mwbattomeyscom From: Bill Lueders Date: Wed, Nov 19, 2014 at 11:33 AM Subject: Re: Records request To: "Staab, Joy A - Can you please update me on the status of this request? It has now been two months. On Fri, Sep '19, 2014 at 2:04 PM, Bill Lueders wrote: Thank you. - - On Fri, Sep 19, 2014 at 1:58 PM, Staab, Joy A DOC wrote:- Bili, I have received this and wit! get it to the rocord custodian. Joy Staab Director of Pubiic Affairs Wisconsin Department of Corrections 3099 East Washington Avenue Madison, Wisconsin 53704 Office: 608~240~5060 Cell: BOB-2358048 Fax: 608440?3305 ioy.staab@wisconsin.gov Website: http://docwioov/Home From: Bill Lueders Sent: Friday, September 19, 2014 1:05 PM To: Staab, Joy A - DOC Subject: Records request Joy, please let me know that you have received this and can forward it to the appropriate people. To the Dept. of Corrections This is to request, under the state open records law, 1931-1939 state statutes, and in particular 19.3 56, records of any disciplinary investigation and/or disciplinary action in calendar year 2014 concerning correctional officer- Thomas Lucas. This request includes but is not necessarily limited to PREA Investigation #1802, involving Fox Lake inmate Antron Kent, #360459. To save time and labor and reduce or eiiminate cost. 1 am asking for records that exist in electronic form to be provided in electronic form. it there are a signi?cant amount of records that exist oniy as printed letters or other documents, 1 wouid ask to be abie to review these records and request copies as needed, again to save time, labor and cost. Piease be aware that the Open Records iaw ?shaii be construed in every instance with the presumption of complete public access consistent with the conduct of governmental business. The denial of access generatty is contrary to the pubtic interest and only in exceptionai cases can access be denied." If you deny my request. theiaw requires you to do so in writing and state what part of the iaw you beiieve entities you to deny my request. Wis. Stat. The Open Records law states that you may charge for "the actuai, necessary and direct cost" of iocating records, it this exceeds $50, and for photocopies. Piease advise me before processing this request if the totai cost wilt exceed $100. As you know, the iaw requires you to respond to this request "as soon as practicable and without deiay." It you are not the records custodian for this information, piease forward this request to the appropriate person. Also, piease let me know if can ciarify or re?ne this request. . Thank you for your time and consideration. Bill Lueders Wisconsin Center for Investigative Journalism 6086694712 From: Staab, Jay A DOC Date: Tue, Nov 18, 2014 at 1:02 PM Subject: RE: Open Records To: Bill Lueders Bill, 1 have received your request and will notify you once your records request is complete. Joy Staab Director of Public Affairs Wisconsin Department of Corrections 3099 East Washington Avenue Medison, Wisconsin 53704 Office: 603-240?5060 Cell: 608-235?8048 Fax: 608~240~3305 ioy.staab@wisconsin.gov Website: From: Bill Lueders Sent: Tuesday, November 18, 2014 12:42 PM To: Staab, Joy A - DOC Subject: Re: Open Records I raally do wish I could just get answers to what I think are simple questions but for reasons I do not understand that does not seem to be the case. So here we go again: This is to request, under the state's open records law (19.31-19.39 state statutes), records regarding the work of the DOC task force on segregation from Aug. 1, 2014 to present. and any proposed or actual changes in DOC policy regarding the use of segregation. To save time and iabor and reduce or eliminate cost, i am asking for records that exist in electronic form to be provided in electronic form. if signi?cant amount of records exist only as printed letters or other documents, i would like to review these records in person and request copies as needed. again to save time, labor and cost. Please be aware that the Open Records law "shall?be construed in every insianCe with the presumption of complete. public access consistent with the conduct of governmental business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied." If you deny my request, the law requires you to do so in writing and state what part of the law you believe entitles you to deny my req?uest. Wis. Stat. . The Open Records law states that you may charge for "the actual, necessary and direct cost" of locatingrecords, if this exceeds $50, and for photocopies. Please advise me before processing this request if the total cost will exceed $100. As you know, the law requires you to respond to this request.?as soon as practicable and without delay.? if you are not the records custodian for this information, please forward this request to the appropriate person. Also, please let me know if i can clarify or refine this request. Thank you for your time and consideration. On Wed, Oct 29, 2014 at. 10:21 AM, Bill Wrote: Thank you. I have asked several other questions that you have not answered. What has actually changed in tonne of DOC policy toward the use of segregation? Are the changes that you referred to in your email to me this summer as happening in January in the revised chapter 303 that takes effect than, or are they separate? Is the DOC task force on segregation Still meeting or has it concluded its work? What if any recommendations did the task force make that are being adopted as policy? On Wed,- Oct 29,- 2014 at 10:11 AM, Staab, Joy A DOC wrote: I Bi", The department respectfully deciines your request for an interview. The document you mentioned was written by Secretary Wan. Joy Staab Director of Pubiic Affairs Wisconsin Department of Correctioes 8099? East Washington Avenue Madison, Wisconsin 53704 Of?ce: 6082405080 Celi: 808?2358048 Fax: 808?240?3305 iev.staeb@wisconsin.eov Website: From: Bill Lueders Sent: Tuesday, October 21, 2014 1:28 PM To: Staab, Joy A - DOC Subject: Re: Open Records Are you going to get back to me on this? Please let me know. On Tue, Oct 14, 2014 at 1:46 PM, Bill Lueders wrote: Thank you. I have spent some time trying to discern from the old and the new chapter 303 what if anything has changed with regard to DOC policy on segregation, but it would be best if someone at DOC could spell this out. I remain unsure Whether the changes advanced in the new chapter 303 represent a culmination of the work of the study group put together by Secretary Wall, or Whether that process is separate and ongoing. If I could just talk to someone who could explain to me What has changed (or will be changing with the new code) regarding the use of segregation, and What part of the process is ongoing, that would be great. From: Lgede? To: gage, Joy 9, QQC Cc: meat; anagram Subject: Records requests Date: Tuesday, January 20, 2015 2:45:28 PM Dear Ms. Staab: This message is regarding two outstanding Open Records requests to the Department of Corrections. It is now more than four months since the Vt?sconsin Center for investigative Journalism made a request for records regarding Thomas Lucas, in an email dated Aug. 18, 2014. You acknowledged receipt of the request but did not respond to a follow-?up email on Nov. 19, seeking a status update. Here is the wording from that request: - This is to request, under the state open records law, 19.31-1 9.39 state statutes, and in particular 19.356, records of any disciplinary investigation andlor disciplinary action in calendar year 2014 concerning correctional officer Thomas Lucas. This request includes but is not necessarily limited to PREA Investigation #1802, involving Fox Lake inmate Antron Kent, #360459. It has also been more than two months sincethe Center made and you acknowledged receipt of this request, sent via email on Nov. 19: This is to request, under the state's open records law (1 9.314 9.39 state statutes), records regarding the work of the DOC task force on segregation from Aug. 1, 2014 to present, and any proposed or actual changes in DOC policy regarding the use of segregation. The Center has neither received a written response to these requests nor any requested records. We believe that DOC is substantially in violation of the open records law, which requires compliance "as soon as practicable and without delay." The Wisconsin Center for investigative Journalism intends to pursue our legal remedies for this violation of the law before the end of the month. If you would like to discuss these responses before that time, however, please contact me are including the Center?s executive director and its attorney on this email. Thank you for your time and consideration. Bill Loaders Wisconsin Center for Investigative Journalism node w? watc .