Wisconsin Statutes

Wis. Stat. § 302.08 (2026)

Humane treatment and punishment

✓ current as of July 2026

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302.08302.08 Humane treatment and punishment. The wardens and the superintendents and all prison officials shall uniformly treat the inmates with kindness. There shall be no corporal or other painful and unusual punishment inflicted upon inmates.

302.08 HistoryHistory: 1989 a. 31 s. 1625; Stats. 1989 s. 302.08.

302.08 Cross-referenceCross-reference: See also chs. DOC 303, 308, 309, and 311, Wis. adm. code.

302.08 AnnotationLawfully incarcerated persons retain only a narrow range of protected liberty interests. Hewitt v. Helms, 459 U.S. 460, 103 S. Ct. 864, 74 L. Ed. 2d 675 (1983).

Notes of Decisions

Cited in 6 cases (5 in the last 5 years), 2020–2025 · leading case: Flemino, Armecco v. Eau Claire Cnty. Jail (W.D. Wis. 2022).

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Flemino, Armecco v. Eau Claire Cnty. Jail (W.D. Wis. 2022). · cites it 6× “33 or Wis. Stat. § 302.08 . As this and at least one other court have noted, Wis.”

Hampton v. Meli (E.D. Wis. 2020). · cites it 5× “Finally, Plaintiff alleges that Defendants violated his right to humane treatment under Wis. Stat. § 302.08 . I will address each claim in turn.”

Zimmerman v. Baier (E.D. Wis. 2024). · cites it 5× “The plaintiff alleges that Stevens is in violation of Wis. Stat. 302.08. Id. He alleges that defendants Baier and Baker violated DAI Policy, and he alleges that all defendants violated the plaintiff’s Eighth Amendment rights by not dealing with his severe chronic dental pain for…”

Jeffery v. Cole (E.D. Wis. 2024). · cites it 4× “” However, Wis. Stat. §302.08 “appears to be an enabling statute invoked solely in authorizing various DOC regulations that does not create a private cause of action.”

Leggions v. Redeker (E.D. Wis. 2025). · cites it 3× “1 “Wis. Stat. §302.08. Humane treatment and punishment.”

Moore v. Milwaukee Cnty. Jail (E.D. Wis. 2023). “for failing to hold a timely preliminary hearing is dismissal without prejudice for lack of personal jurisdiction, which would “require nothing more than an opinion from the court agreeing with the courts of appeals these actions violate United States Constitution amendments 5,…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.