Kocken v. Wisconsin Council 40

¶ 78. (dissenting). The majority concludes that the provision of food, including the power to select a food service provider, does not fall within the constitutional powers and duties of the office of sheriff. Majority op., ¶¶ 4, 66. The majority opinion lacks our traditional constitutional analysis that is necessary to determine whether feeding the prisoners falls within the constitutional powers and duties of the sheriff. However, when undertaken, such analysis demonstrates that the constitutional powers and duties of the sheriff include the care and custody of prisoners in the county jail,…