Richards v. Cullen

Harlan Richards appeals from an order dismissing his action challenging Wis. Adm. Code, sec. HSS 309.39(1)(a) 1, which defines a "housing emergency" within Wisconsin prisons. The issue is whether Richards has standing to challenge the rule. We believe he does not, and we therefore affirm the order.

Richards, an inmate at Waupun Correctional Institution, commenced a declaratory judgment action to invalidate the rule, which he claims illegally allows "double celling" of prisoners when the prisons are overcrowded. The rule was adopted pursuant to sec. 46.054(3), Stats., which states that the…