Teague v. Schimel

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The policy and practice of the Wisconsin Department of Justice (DOJ) of creating and disseminating criminal history reports in a manner that sometimes indicate that some individuals who are innocent of any criminal activity have a criminal activity violates Petitioners’ constitutional rights. Petitioners challenged the DOJ’s policy and practice of creating and disseminating criminal history reports that wrongly imply that certain individuals have a criminal activity. The circuit court granted judgment in favor of the DOJ. Petitioners argued that Wis. Stat. 19.70 requires the DOJ to correct or supplement its record production when it inaccurately ascribes a criminal history to an innocent person and that the failure to correct inaccuracies violates their right to procedural and substantive due process and their equal protection rights. The Supreme Court reversed and remanded, holding that the DOJ’s criminal history search reports violate Petitioners' rights, and Petitioners are to be afforded prospective relief sufficient to protect those rights. View "Teague v. Schimel" on Justia Law