Wisconsin ACLU Files Lawsuit Seeking Release Of Prisoners

MADISON, WI — The American Civil Liberties Union of Wisconsin filed a lawsuit in the Wisconsin Supreme Court on Friday seeking the release of elderly and vulnerable people from state prisons in order to avoid a dangerous coronavirus outbreak that the organization feels would further strain the state’s health care capacity and put public health at risk, the ACLU announced in a news release.

The lawsuit, filed on behalf of two incarcerated individuals with pre-existing conditions, state criminal defense lawyers, and Disability Rights Wisconsin, is seeking and order for Gov. Tony Evers and state corrections officials to reduce the prison population down to a level where social distancing is possible, giving priority to the elderly and those with conditions that increase their risk of COVID-19 complications and death.

The two patients, according to the lawsuit, suffer from kidney disease and cardiac disease.

“Right now Wisconsin’s overcrowded prisons are a ticking time bomb that threatens the health of all Wisconsinites, especially people of color who are disproportionately impacted by mass incarceration,” Chris Ott, ACLU of Wisconsin executive director said in the release. “The very modest steps taken so far by state officials are simply not enough to prevent an outbreak that would strain our hospital system, endanger public health, and claim thousands of lives. State officials have the power to avert this catastrophe – and they have to act now.”

The number of people over the age of 50 in Wisconsin prisons, a population generally considered to pose a negligible risk to public safety, more than tripled (232 percent increase) between 2000 and 2016, growing from 1,320 people to 4,384 people. The lawsuit also asks the Supreme Court to ask the circuit courts to take all necessary actions to reduce the number of people being held in jails awaiting trial.

According to the ACLU, the lawsuit is filed on behalf of two people incarcerated in state prisons with pre-existing conditions. Plaintiff Craig Sussek is in prison for a crime he committed at age 16 more than 20 years ago and is eligible for parole. Sussek has been diagnosed with kidney disease, which makes him particularly susceptible to serious injury or death if he contracts COVID-19.

Plaintiff Ramond Ninneman is 66 years old and currently has 16 months remaining on a two year sentence. Ninneman has been diagnosed with cardiac disease leaving him with only 25-30% of heart function. This disease makes Ninneman particularly susceptible to serious injury or death if he contracts COVID-19.

“My dad has just 16 months left on his sentence and I’m terrified that COVID-19 will turn that into a death sentence,” Rana Ninneman, Ramon Ninneman’s daughter, said in the release. “The Department of Corrections hasn’t even been able to provide adequate treatment for his heart condition, let alone put in place the social distancing measures needed to stop the spread of COVID-19. State officials need to act now so that my dad and other people with pre-existing conditions can come home where they can safely practice social distancing and help keep all of us healthy.”