Jeffrey Lee Harris v. Linda Reivitz

Jeffrey Lee Harris, an inmate in Waupun Correctional Institution, brought this action against the Secretary of the Department of Health and Social Services, the Superintendent of the Division of Corrections and the warden of Waupun. The case involves administrative regulations and institutional practices regarding money inmates keep in their prison accounts. Harris seeks a judgment under secs. 227.05 and 806.04, Stats. 1983, declaring that Wis. Adm. Code sec. HSS 309.49(3) is unconstitutional "because of the way it is arbitrarily and capriciously enforced," in its application to him, his family and other inmates. 1 Section HSS 309.49(3) provides that an inmate request for a disbursement from his prison account in excess of $25 to more than one close family member and to certain other persons may be made only with written permission of the superintendent or his or her designee. The trial court granted summary judgment dismissing the complaint and denied Harris's motion for reconsideration. Harris appeals from the order denying his motion for reconsideration. He contends that we should reverse and remand for further proceedings.