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CASTEEL v. VAADE

No. 90-0103.

167 Wis.2d 1 (1992)

481 N.W.2d 277

John A. CASTEEL, a/k/a Tayr Kilaab Al Ghashiyah (Khan), Plaintiff-Appellant, v. Victor VAADE and Gregory Grams, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided March 17, 1992.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Curry First and Legal Aid Society of Milwaukee and Gretchen E. Miller and American Civil Liberties Union of Wisconsin Foundation, all of Milwaukee and oral argument by Mr. First.

For the defendants-respondents the cause was argued by Jennifer Sloan Lattis, assistant general, with whom on the briefs was Donald J. Hanaway, attorney general.

Amicus Curiae was filed by Martha K Askins, for the Office of the State Public Defender.

SHIRLEY A. ABRAHAMSON, J.

This is anappeal from an order of the Dane County Circuit Court, Michael Nowakowski, Circuit Judge, dismissing the complaint for failure to state a claim upon which relief can be granted because the plaintiff failed to exhaust his administrative remedies under the Inmate Complaint Review System, Wis. Admin. Code sec. DOC 310 (1990), and has an adequate remedy under state law.1

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