Evers asks federal judge not to order changes at Wisconsin juvenile prison after caregiver's death

By Todd Richmond, AP

MADISON, Wis. (AP) — Gov. Tony Evers on Aug. 14 urged a federal judge not to make changes at Wisconsin's youth prison after an inmate was accused of killing a counselor in a fight earlier this summer. He stressed that conditions at the prison have slowly improved despite the death.

Evers, a Democrat, wrote in a letter to James Peterson, chief judge of the Western District of Wisconsin, that Republican lawmakers may soon ask him to give Lincoln Hills-Copper Lakes schools more leeway in punishing detained children. The governor said it was important to remember that brutal punishments of inmates by staff had led to tighter restrictions on staff actions.

Lincoln Hills-Copper Lake is Wisconsin's only youth prison. There are repeated allegations at the facility that staff mistreat inmates, including excessive use of pepper spray, restraints and strip searches.

The American Civil Liberties Union filed a federal lawsuit in Madison in 2017 demanding changes at the prison. The administration of then-Governor Scott Walker settled the lawsuit in 2018 by abiding by a settlement that bans punitive detention, limits detention time to 12 hours, limits the use of mechanical restraints to handcuffs and prohibits the use of pepper spray. A court-appointed warden has since been monitoring the prison's compliance with the rules.

According to prosecutors, a 16-year-old boy attacked and punched a caregiver on June 24 before fleeing into a courtyard. Caregiver Corey Proulx confronted him, and the boy punched him in the face. Proulx fell and hit his head on the concrete pavement. He was declared brain dead two days later.

His death has prompted Lincoln Hills-Copper Lake staff to demand more freedom in dealing with inmates. Republican lawmakers who agree with their demands are talking about asking Peterson to revise the settlement to give them more leeway, including permission to use pepper spray. Senator Van Wanggaard, chairman of the Senate Judiciary Committee, released a letter to state Attorney General Jared Hoy on August 14, signed by a number of Republican lawmakers, asking Peterson to make changes.

“Lincoln Hills employees must detach themselves from the target so that they can safely and efficiently ensure their own safety and well-being and that of Lincoln Hills residents,” the letter said.

When asked if Hoy would comply, Evers spokeswoman Britt Cudaback released Evers' letter to Peterson. The letter was dated Aug. 14, but Cudaback said the administration had already been working on it before receiving the Republican request.

In the letter, Evers reminded Peterson of the abuse that led to the settlement in the first place and said Republicans refused to acknowledge that history. The governor added that he doubted the ACLU would support any changes.

He then detailed the changes at the youth prison, saying staff-inmate relations have improved. Hoy had received a letter the week before from the chairman of the Council of Juvenile Justice Administrators recognizing Wisconsin as an emerging leader in prison reform.

Evers added that since Proulx's death, the facility has been working to increase the staff-to-inmate ratio and to provide overtime when necessary. Supervisors regularly ask employees about their well-being, especially when fewer staff are available, he said.

He intends to visit the prison later in August, and Hoy has been working there at least one day a week since Proulx's death, the governor wrote.

Emily Stedman, one of the ACLU's lead attorneys in the 2017 lawsuit, did not immediately respond to an email seeking comment on the governor's letter.

Wanggaard's aide, Scott Kelly, said in a text message to the Associated Press on the evening of August 14 that rather than being open to compromise and change, Evers had instead tightened his policies, which had created dangerous conditions in the prison.