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PARKER v. PERCY

No. 81-326.

105 Wis.2d 486 (1981)

314 N.W.2d 166

Earl Lee PARKER and James Lee Harris, Jr., Plaintiffs-Appellants, v. Donald PERCY, Secretary, Department of Health & Social Services, State of Wisconsin, and Elmer O. Cady, Administrator, Division of Corrections, Department of Health & Social Services, State of Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 24, 1981.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Ben Kempinen and Legal Assistance to Institutionalized Persons Program of Madison.

For the defendants-respondents the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Steven C. Underwood, assistant attorney general.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

GARTZKE, P.J.

Plaintiffs are serving life sentences for first-degree murder in the Waupun Correctional Institution. They brought this action for a declaration that secs. 53.12 and 57.06(1) (a), Stats., require that persons serving life sentences (lifers) receive industrial good time credit against their parole eligibility dates. They contend that their right to equal protection of the laws is denied if they do not receive credit for industrial good time under sec...

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