ACLU, state prison try to keep public from seeing Lincoln Hills video

Milwaukee Journal Sentinel

MADISON - The state Department of Corrections and American Civil Liberties Union of Wisconsin want to prevent the public from seeing video of juvenile inmates getting blasted with pepper spray — at least for now, according to a new court filing.

Lincoln Hills School for Boys in Irma has been the subject of a state and federal investigation for more than two years.

The ACLU and Juvenile Law Center are suing the state on behalf of inmates over conditions at Lincoln Hills School for Boys and Copper Lake School for Girls, which have been under criminal investigation for 2½ years.

The groups plan at a court hearing Thursday to show prison video of inmates being doused with pepper spray as they seek an injunction to end the practice.

In a motion this week, the groups asked U.S. District Judge James Peterson to kick the public out of the hearing when that footage is shown because they haven't had time to blur the faces of inmates or edit out the use of their names. Personal information about juvenile inmates is confidential under state law.

Under their plan, edited versions of the videos would be made available to the public eventually, but not when they are shown to the judge at the hearing.

The Department of Corrections is not opposing the effort to keep the public from seeing the videos, according to the ACLU motion. A lawyer for the Department of Corrections did not respond to a request for comment.

The Milwaukee Journal Sentinel, Wisconsin State Journal, Wisconsin Newspaper Association and Wisconsin Freedom of Information Council plan to file a motion objecting to the plans for the videos.

"The citizens of Wisconsin have a right to know what kind of job their youth prison system is doing," said George Stanley, editor of the Milwaukee Journal Sentinel.

"Problems don't get fixed in the dark and taxpayers are the ones who are liable if the courts determine rights have been violated. We believe the videos can be shown in court while protecting juvenile rights," Stanley said.

In its filing, the ACLU said it received hundreds of Lincoln Hills videos from the state on June 9. It plans to show two or three of them at Thursday's hearing.

The lawsuit is seeking to greatly reduce the use of pepper spray, solitary confinement and handcuffs and other restraints. Thursday’s hearing is being held to determine whether those practices should be immediately stopped as the judge considers the case.