RICHARDS v. YOUNG

No. 87-1874.

145 Wis.2d 322 (1988)

426 N.W.2d 117

Harlan RICHARDS, Plaintiff-Appellant, v. Warren YOUNG and Dave King, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 26, 1988.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Harlan Richards, pro se, of Waupun.

For the defendants-respondents the cause was submitted on the brief of Paul W. Schwarzenbart and Lee, Johnson, Kilkelly & Nichol, S.C., of Madison.

Before Gartzke, P.J., Eich and Sundby, JJ.


EICH, J.

Harlan Richards, an inmate at the Waupun Correctional Institution, commenced this action under the declaratory judgment provisions of secs. 227.40 and 806.04, Stats., seeking a ruling on the validity of certain prison rules. The defendants, Warren Young, the prison superintendent, and Dave King, the director of the prison programs operated under the challenged rules, moved to dismiss for lack of subject matter jurisdiction. The trial court granted the motion...

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