Adams v. Macht

2001 WI App 10, 623 N.W.2d 215, 241 Wis. 2d 28, 2000 Wisc. App. LEXIS 1217
CourtCourt of Appeals of Wisconsin
DecidedDecember 27, 2000
DocketNo. 00-0782
StatusPublished

This text of 2001 WI App 10 (Adams v. Macht) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Macht, 2001 WI App 10, 623 N.W.2d 215, 241 Wis. 2d 28, 2000 Wisc. App. LEXIS 1217 (Wis. Ct. App. 2000).

Opinion

NETTESHEIM, J.

¶ 1. Reuben Adams appeals from a circuit court order dismissing his complaint following the court's finding the Wisconsin Resource Center's (WRC) policy prohibiting former employees from visiting the institution to be reasonable and based on legitimate security concerns. The court's finding was in response to this court's earlier remand of the case for such a determination. In our earlier unpublished opinion, we held that WRC's enactment of such a policy was not prohibited by statute. See Adams v. Macht, No. 98-3643, unpublished slip op. (Wis. Ct. App. Sept. 29, 1999). Because the evidence in the [31]*31record established that the WRC's policy was reasonably related to legitimate security, rehabilitation and treatment concerns, we affirm the order of the circuit court.

FACTS

¶ 2. The facts of this case are undisputed. Adams is a patient committed to the WRC pursuant to WlS. STAT. ch. 980 (1997-98).1 Adams initiated this action against the director of the WRC, Phillip G. Macht, for declaratory and injunctive relief after the WRC instituted a policy prohibiting former employees from visiting the institution.2 This policy had the effect of precluding visits from the mother of his child — a former employee of the WRC. Adams based his argument on the patients' rights section contained in WlS. STAT. ch. 51 that declares that patients shall "[b]e permitted to see visitors each day." WlS. STAT. § 51.61(l)(t). Adams moved for summary judgment and Macht moved for dismissal for failure to state a cause of action.

¶ 3. In its original decision, the circuit court dismissed Adams's complaint finding that while the statute allowed patients to have visitors every day, it did not preclude the institution from placing reasonable limits on who may visit. On appeal, this court upheld the circuit court's interpretation of the statute. However, giving Adams's pro se complaint a liberal construction, we discerned an additional issue that the circuit court did not address — Adams's claim that the application of the policy was arbitrary, unreasonable [32]*32and not based on a legitimate security concern. See Adams, slip op. at 2-3. We remanded for the circuit court to address this further issue, and it has done so.

¶ 4. In the current decision, the circuit court again dismissed Adams's complaint. The circuit court held that it could not substitute its judgment for that of the WRC administration as to the necessity of the policy. The circuit court relied on the affidavits of Macht and the security director of the WRC, Mario Canziani, to support the policy. Finding that there were legitimate security concerns involved, the circuit court concluded that the policy is not arbitrary or unreasonable, and represents a valid exercise of institutional authority. Adams again appeals.

DISCUSSION

¶ 5. Because of our earlier opinion in this matter, the only remaining issue before us is whether the WRC's policy is "arbitrary and unreasonable and not based on a legitimate security concern." Id. at 3. As to the circuit court's holding, we review the policy de novo because the circuit court's decision upon remand was based entirely upon documentary evidence. See Racine Educ. Ass'n v. Racine Bd. of Educ., 145 Wis. 2d 518, 521, 427 N.W.2d 414 (Ct. App. 1988) (no special deference to trial court findings when based on documentary evidence). But despite our de novo review, we value a trial court's decision on the matter at issue. See Scheunemann v. City of West Bend, 179 Wis. 2d 469, 475, 507 N.W.2d 163 (Ct. App. 1993).

¶ 6. But our standard of review of a governmental policy relating to the administration of the facility is a different matter. We begin by addressing the nature of the WRC facility and its residents. Persons civilly [33]*33committed under WlS. Stat. ch. 980 are patients, not prisoners, and the WRC is a treatment facility and not a prison.3 That being said, we must recognize that administrators of ch. 980 treatment facilities face many of the same safety, environmental and rehabilitation concerns that confront administrators of prisons. For that reason, we will look to the case law dealing with challenges to prison regulations for assistance on this standard of review question.

¶ 7. In Lomax v. Fiedler, 204 Wis. 2d 196, 209, 554 N.W.2d 841 (Ct. App. 1996), this court adopted the "reasonably related" standard when reviewing prison-imposed restrictions on inmates' rights. We inquired whether the prison's actions were "reasonably related" to legitimate penological objectives. See id. In deciding upon this standard, Lomax relied upon the United States Supreme Court opinions in Turner v. Safley, 482 U.S. 78 (1987), and Thornburgh v. Abbott, 490 U.S. 401 (1989). See Lomax, 204 Wis. 2d at 201. Citing to those two cases, Lomax noted that while prisoners retain the benefit of their constitutional rights, such rights "must necessarily be limited by considerations relating to ' "the inordinately difficult undertaking" that is modern prison administration." Lomax, 204 Wis. 2d at 205 (quoting Thornburgh, 490 U.S. at 407 (citation omitted)). This is necessarily so because "[t]he legislature has delegated the task of running the state's prisons to the Department of Corrections, not to the courts." Lomax, 204 Wis. 2d at 205. The courts' sole function is "to determine whether the challenged actions strike a reasonable, constitutionally permissible, balance between the rights of prisoners and legitimate con[34]*34cerns of prison administration and security." Id. And such actions should only be overturned if "they are so remote from, and unconnected to, any legitimate correctional or penological interests as to be arbitrary or irrational." Id. at 222 (citing Turner, 482 U.S. at 89-90).

¶ 8. Because the safety, environmental and rehabilitation concerns in the prison setting are similar to those in a WlS. STAT. ch. 980 facility setting, we adopt the "reasonably related" standard for purposes of reviewing the policy at issue in this case. Thus, we look to whether the visitation restriction regulation is reasonably related to legitimate safety, rehabilitation and treatment objectives.

¶ 9. The WRC policy in question was instituted through an internal memorandum issued by Macht on October 22, 1997, to his deputy administrator for the division of care and treatment facilities. The memo cited violations of the WRC's policy prohibiting fraternization as the impetus for prohibiting former employees from visiting the institution. The memo also pointed to the risk posed by former employees due to their formal and informal knowledge of institution procedures — including security measures — and their ability to pass such information on to current patients.

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Related

Turner v. Safley
482 U.S. 78 (Supreme Court, 1987)
Thornburgh v. Abbott
490 U.S. 401 (Supreme Court, 1989)
Racine Education Ass'n v. Board of Education
427 N.W.2d 414 (Court of Appeals of Wisconsin, 1988)
Lomax v. Fiedler
554 N.W.2d 841 (Court of Appeals of Wisconsin, 1996)
Scheunemann v. City of West Bend
507 N.W.2d 163 (Court of Appeals of Wisconsin, 1993)

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Bluebook (online)
2001 WI App 10, 623 N.W.2d 215, 241 Wis. 2d 28, 2000 Wisc. App. LEXIS 1217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-macht-wisctapp-2000.