Summary
The Wisconsin Supreme Court reviewed claims arising from the Wisconsin Department of Justice’s dissemination of criminal-history reports that could incorrectly associate another person’s criminal record with an innocent individual. The court held that the report was a record containing personally identifiable information subject to the correction and supplementation requirements of Wis. Stat. § 19.70, and it reversed the Court of Appeals.
Holdings
- A criminal-history report created by the DOJ in response to a Criminal History Search is a record subject to Wis. Stat. § 19.70 when it contains personally identifiable information pertaining to the individual challenging it.
- When the DOJ knowingly provides another person's criminal history in response to a request asking whether Teague has a criminal history, the resulting report is inaccurate within the meaning of Wis. Stat. § 19.70.
- The DOJ's policy and practice of repeatedly disseminating a criminal-history report that falsely suggests an innocent person has a criminal record implicates a protected liberty interest under the Fourteenth Amendment.
- The existing § 19.70 correction procedure and the DOJ's innocence-letter process are inadequate safeguards against the recurring deprivation caused by the DOJ's policy and practice.
Questions Presented
- Whether a criminal-history report generated in response to a name-based search is a record containing personally identifiable information subject to correction or supplementation under Wis. Stat. § 19.70.
- Whether the DOJ's continued dissemination of another person's criminal history in response to requests concerning Teague creates an inaccurate record under § 19.70.
- Whether the DOJ's policy and practice deprive petitioners of a protected liberty interest without constitutionally adequate procedural safeguards.
- Whether Wis. Stat. § 19.356(1) bars judicial review of the petitioners' statutory and constitutional claims.
Disposition
reversed_and_remanded
Cases Cited (32)
- Wis. Newspress, Inc. v. Sch. Dist. of Sheboygan Falls, 199 Wis. 2d 768, 546 N.W.2d 143 (1996)(cited)
- Pawlowski v. Am. Family Mut. Ins. Co., 2009 WI 105, 322 Wis. 2d 21, 777 N.W.2d 67(followed)
- In re Commitment of Sorenson, 2002 WI 78, 254 Wis. 2d 54, 646 N.W.2d 354(followed)
- State ex rel. Kalal v. Cir. Ct. for Dane Cty., 2004 WI 58, 271 Wis. 2d 633, 681 N.W.2d 110(followed)
- Shannon v. Shannon, 150 Wis. 2d 434, 442 N.W.2d 25 (1989)(followed)
- Murray's Lessee v. Hoboken Land & Improvement Co., 59 U.S. 272 (1855)(cited)
- Davidson v. City of New Orleans, 96 U.S. 97 (1877)(cited)
- Simon v. Craft, 182 U.S. 427 (1901)(cited)
- Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306 (1950)(cited)
- Zinermon v. Burch, 494 U.S. 113 (1990)(cited)
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Court Document
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