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STATE EX REL. HENSLEY v. ENDICOTT

No. 00-0076.

245 Wis.2d 607 (2001)

2001 WI 105

629 N.W.2d 686

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

Supreme Court of Wisconsin.

Decided July 11, 2001.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners the cause was argued by Michael D. Oeser, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

For the plaintiff-appellant there was a brief by Beth Ermatinger Hanan and Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., Milwaukee, and oral argument by Beth E. Hanan.

An amicus curiae brief was filed by Michael P. May and Boardman, Suhr, Curry & Field LLP, Madison, on behalf of the American Civil Liberties Union of Wisconsin Foundation.

¶ 1. JON P. WILCOX, J.

This is a review of a published decision of the court of appeals, State ex rel. Hensley v. Endicott, 2000 WI App 189, 238 Wis.2d 649, 618 N.W.2d 245, reversing an order of the Dane County Circuit Court, Steven D. Ebert, Judge. There are two issues. The first issue is whether there is a common law futility exception to the Prisoner Litigation Reform Act's (PLRA...

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