[Download] "State Ex Rel Swinson v. Blacksheaer" by State of Wisconsin in Court of Appeals District IV # eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel Swinson v. Blacksheaer
• Author : State of Wisconsin in Court of Appeals District IV
• Release Date : January 16, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

2 Swinson filed a "Petition for Declaratory Judgment" to compel the Department of Corrections to reclassify him to a "track and security classification equitable" to his crime, criminal record, institution adjustment, program participation, and conduct history. The petition alleged that his current classification and subsequent reviews were based on "sham proceedings" guided in part by DOC policies or procedures that Swinson asserts are not consistent with statutes. Although Swinson uses the term "rule" to refer to those policies or procedures, it appears that he is not using that term in the usual legal sense, in which "rule" refers to the administrative rules contained in the Wisconsin Administrative Code. The circuit court concluded in part that the relief sought is not available by declaratory judgment because relief is available in certiorari, and therefore it concluded that the complaint failed to state a claim for a declaratory judgment.

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