Wisconsin Statutes
Wis. Stat. § 302.40 (2026)
Discipline; solitary confinement
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302.40302.40 Discipline; solitary confinement. For violating the rules of the jail, an inmate may be kept in solitary confinement, under the care and advice of a physician, but not over 10 days.
302.40 AnnotationPretrial detainees in jail are entitled to a due process hearing prior to more than a slight deprivation of privileges, including a loss of any privilege for more than one day. Representation by counsel is not essential. Inmates of Milwaukee County Jail v. Petersen, 353 F. Supp. 1157 (1973).
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2014–2024 · leading case: State v. DeAnthony K. Muldrow, 2018 WI 52, 912 N.W.2d 74.
State v. DeAnthony K. Muldrow, 2018 WI 52, 912 N.W.2d 74. “, Wis. Stat. § 302.40 . ¶ 44 Wisconsin Stat.”
Hall v. Wild, No. 2:21-cv-01056 (E.D. Wis. Jan. 27, 2023). “He says he was placed in a standard cell and placed on “AdSeg-Shower protocol,” which meant he was locked in his cell twenty-four hours a day for about thirty days with no time out for recreation and only let out for showers two to three times per week, which he says violates…”
Pearson, David v. Verse, Jim, No. 3:22-cv-00409 (W.D. Wis. Feb. 9, 2024). “Pearson hasn’t shown that the conditions of his segregation were unusually harsh, and disciplinary confinement for two-and-a-half months is not long enough to violate an inmate’s due process rights. See Carr v.”
Payano v. Potter, 554 F. App'x 522 (7th Cir. 2014). “See Wis. Stat. §§ 302.40 , 973.02. The district court denied Payano’s requests.”
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