Post by DOC on Jun 15, 2009 18:09:46 GMT -5
New Doe law shields corrections officers
Backers say it will reduce frivolous suits
By Patrick Marley of the Journal Sentinel
Madison — Gov. Jim Doyle signed a bill Friday that supporters say will stop prisoners from launching frivolous lawsuits against correctional officers. "This law allows corrections officers to properly do their job protecting our communities without having the constant threat of being sued for unfounded reasons hanging over them," said Rep. Gordon Hintz (D-Oshkosh), a sponsor of the bill. Anyone can file John Doe complaints with judges that require them to take testimony, even when there is no evidence of a crime. Correctional officers say inmates have abused the system, leading to meritless complaints that tie up courts and force officers to pay legal expenses. Under the law signed by Doyle at Waupun Correctional Institution, judges would forward complaints to district attorneys to investigate. If the district attorney does not file charges, the complaint would go back to the judge to decide if he or she wanted to launch a separate investigation. Judges would have more discretion than they do now in deciding how to conduct those inquiries. Judges would still have to convene hearings if they are requested by district attorneys. The 170-year-old John Doe law is most often used by district attorneys, who consider it a valuable tool for drug investigations and other complex matters. Some judges have interpreted the law to mean that they have to issue felony charges against officers even when they lack evidence. In a 2007 case, a Dodge County judge charged Waupun officer Gabe Umentum with mistreating an inmate, relying on nothing more than the inmate's word. Umentum has said the case turned his life upside down and cost him $4,618 in legal bills. A special prosecutor eventually dropped the case, and the state repaid his bills. Officers say cases like that have led some officers to be overcautious with prisoners.
Backers say it will reduce frivolous suits
By Patrick Marley of the Journal Sentinel
Madison — Gov. Jim Doyle signed a bill Friday that supporters say will stop prisoners from launching frivolous lawsuits against correctional officers. "This law allows corrections officers to properly do their job protecting our communities without having the constant threat of being sued for unfounded reasons hanging over them," said Rep. Gordon Hintz (D-Oshkosh), a sponsor of the bill. Anyone can file John Doe complaints with judges that require them to take testimony, even when there is no evidence of a crime. Correctional officers say inmates have abused the system, leading to meritless complaints that tie up courts and force officers to pay legal expenses. Under the law signed by Doyle at Waupun Correctional Institution, judges would forward complaints to district attorneys to investigate. If the district attorney does not file charges, the complaint would go back to the judge to decide if he or she wanted to launch a separate investigation. Judges would have more discretion than they do now in deciding how to conduct those inquiries. Judges would still have to convene hearings if they are requested by district attorneys. The 170-year-old John Doe law is most often used by district attorneys, who consider it a valuable tool for drug investigations and other complex matters. Some judges have interpreted the law to mean that they have to issue felony charges against officers even when they lack evidence. In a 2007 case, a Dodge County judge charged Waupun officer Gabe Umentum with mistreating an inmate, relying on nothing more than the inmate's word. Umentum has said the case turned his life upside down and cost him $4,618 in legal bills. A special prosecutor eventually dropped the case, and the state repaid his bills. Officers say cases like that have led some officers to be overcautious with prisoners.