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STATE EX REL. HENSLEY v. ENDICOTT

No. 00-0076.

238 Wis.2d 649 (2000)

2000 WI App 189

618 N.W.2d 245

STATE of Wisconsin EX REL. Spriggie HENSLEY, Plaintiff-Appellant, v. Jeffrey P. ENDICOTT, and Wisconsin Department of Corrections, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 10, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Spriggie Hensley, pro se, of Portage.

On behalf of the defendants-respondents, the cause was submitted on the brief of James E. Doyle, attorney general, and Michael D. Oeser, assistant attorney general.

Before Dykman, P.J., Eich and Vergeront, JJ.

¶ 1. EICH, J.

Spriggie Hensley, a prison inmate, appeals an order dismissing his complaint for declaratory judgment on grounds that he failed to plead exhaustion of administrative remedies as required by WIS. STAT. § 801.02(7) (1997-98).1

¶ 2. Hensley's complaint challenged the constitutionality of WIS. ADMIN. CODE §§ DOC 309.04(4)(c)8.a., and DOC 309, IMP #1-A, which forbid inmates from receiving tapes...

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