STATE EX REL. HARR v. BERGE

No. 03-2611.

273 Wis.2d 481 (2004)

2004 WI App 105

681 N.W.2d 282

STATE of Wisconsin ex rel. Daniel HARR, Petitioner-Appellant, v. Gerald BERGE and John Sharpe, Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided April 14, 2004.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Daniel Harr, pro se.

On behalf of the respondents-respondents, the cause was submitted on the brief of David E. Hoel, assistant attorney general and Peggy A. Lautenschlager, attorney general.

Before Anderson, P.J., Nettesheim and Snyder, JJ.


¶ 1. ANDERSON, P.J.

Daniel Harr appeals from the decision of the trial court that he is not entitled to costs and fees even though he prevailed in vindicating a limited First Amendment right. We affirm, given that the statutory bar preventing prevailing prisoners from recovering costs and fees is supported by the rational basis that the public treasury is not available to finance lawsuits brought by prisoners.

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