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SCOW: DOC is immune from prisoner’s tort action

Adam R. Mayhugh v. State, 2015 WI 77, 7/10/15, affirming a court of appeals summary disposition, 2013AP20123; majority by Bradley; concurrence by Gableman; case activity (including briefs)

While the SPD does not represent clients in lawsuits against the DOC, attorneys may get questions about this case. Staff at Redgranite Correctional ordered Mayhugh to sit in the bleachers of the institution’s recreation yard and watch a baseball game. A foul ball hit him in the head, fractured his skull and severed an artery that led to a blood clot, strokes and respiratory failure. Mayhugh brought a tort action against several entities, including the DOC. In a unanimous decision, SCOW held that Mayhugh’s lawsuit against the DOC was barred by sovereign immunity.

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