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RICHARDS v. CULLEN

No. 89-0622.

152 Wis.2d 710 (1989)

449 N.W.2d 318

Harlan RICHARDS, Plaintiff-Appellant, v. Tim CULLEN, Secretary, Department of Health & Social Services, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 19, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Harlan Richards, pro se, of Waupun.

For the defendant-respondent there was a brief by Donald J. Hanaway, attorney general, with Jennifer D. Ryan, assistant attorney general, of Madison.

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

EICH, C.J.

Harlan Richards appeals from an order dismissing his action challenging Wis. Adm. Code, sec. HSS 309.39(1)(a)1, which defines a "housing emergency" within Wisconsin prisons. The issue is whether Richards has standing to challenge the rule. We believe he does not, and we therefore affirm the order.

Richards, an inmate at Waupun Correctional Institution, commenced a declaratory judgment action to invalidate...

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