Self-Advocacy Guide: Disability Rights and the Grievance Process in Wisconsin Jails
Guide for people with disabilities in jails on their rights and options if they experience poor treatment in a jail.
People with disabilities in jails may have questions about their rights and options. Your rights and options in a jail setting are different than if you are in prison. This resource goes over options for self advocacy, including grievances, in Wisconsin jails.
This resource is a guide for people with disabilities and their families. It is not legal advice. For legal advice on your specific situation, please talk with a lawyer.
What are my disability rights in jail?
Local governments, including the facilities they run such as jails, must follow the Americans with Disabilities Act (ADA). This means jails shouldn’t discriminate against people with disabilities, and they should give people with disabilities the same access to opportunities and benefits as they give to everyone else.
Giving equal access to people with disabilities in jails may look like:
Changing policies, practices, or procedures to meet someone’s disability-related need (reasonable accommodations)
Giving physical access to buildings and spaces
Giving communication aids and services to make sure people with disabilities can fully participate in activities, procedures, and communicating with staff
For more information about how the ADA applies to jails, visit the U.S. Department of Justice’s website. For more information on asking for reasonable accommodations in correctional facilities, see DRW’s Guide to Requesting a Reasonable Accommodation in Correctional Facilities below.
How do I complain about unfair treatment in a jail?
If your accommodation request is denied or ignored, or you believe you’re being treated unfairly in a different way in jail, you can make a grievance. You can make a grievance about issues with the jail conditions (like problems with your cell, lack of hygiene supplies, food or mail issues, etc.) or if your needs aren’t being met, like medical or mental health care and treatment.
Advocacy Tip
If you are in jail, you may be talking with a trusted family member or friends about issues you’re having. Loved ones are a good resource to help advocate for you and safety plan – but they can’t file grievances for you because grievances are internal processes at each facility. You may want to file your own grievance instead of relying just on advocacy from loved ones.
Each jail has its own grievance system. County jails are run by the Sheriff of the county where the jail is. Your jail may have one grievance process, or different processes for different issues. You can look in the jail handbook or ask jail staff about the facility’s grievance process.
3. Why should I submit a grievance?
Sending a grievance usually leads to an investigation of your complaint and may fix the issue. It may also be useful for creating a record of your complaint, including a written response, and meeting the exhaustion of remedies requirement in corrections law. Exhaustion of remedies means you must use all your complaint options before suing the jail.
Advocacy Tips
It’s important to be as thorough as possible when writing your grievance. Otherwise, if you try to sue the jail later, a court may say you didn’t “exhaust” your remedies fully.
Your jail may only let you write about one issue per grievance form. You can send in different forms for different issues, if you’re complaining about multiple problems.
4. How do I write a grievance?
Each jail has its own grievance process, so you should read your jail’s inmate handbook and grievance forms to learn about your jail’s specific procedures. It’s a good idea to send in your grievance as soon as possible. Here are some tips for writing your grievance:
Write down details of any attempts you made to fix the issue – such as who you talked to, when, and the result.
Include your full name and date you submit the grievance.
Include the date(s) of the incident or problem.
Describe your complaint in as much detail as possible, including any people who saw or heard what happened.
Avoid using language that staff might find disrespectful, like curse words or threatening language.
Describe what you want to fix the problem.
Advocacy Tips
If you need help writing your grievance because of your disability, you can ask jail staff to help you write it as a reasonable accommodation.
You can keep track of when you sent your grievance and when you’re expecting a response. Keep good records of your grievance, including all responses and notices.
What happens after I send a grievance?
After you send a grievance, jail staff may talk to staff members or other inmates about what happened. They may also review paperwork related to the problem. Your jail may have its own policy on the timeframe for getting an answer to your grievance.
Can I appeal the jail’s decision on my grievance?
Your jail may have an appeal process for grievances at the facility. If your jail has an appeal process, you can appeal the grievance decision if you disagree or are unhappy with the outcome.
Your jail may have deadlines for when you can send in an appeal. Your jail may also require that there be new information or proof about the issue for you to appeal a grievance decision.
Advocacy Tips
Read your jail’s grievance procedures carefully for information on appeals. If you appeal a grievance decision, limit your appeal to the same issue from your original grievance. Explain your reasons for appealing in detail.
Do I have any complaint options outside of the jail I’m in?
Yes. If you believe the jail you’re in is discriminating against you because of your disability and you have gone all the way through the steps of the jail’s grievance process, you can file an ADA Title II Complaint with the U.S. Department of Justice (DOJ), Civil Rights Division. You can learn more about these complaints and how to file them on DOJ’s website.
Advocacy Tips
If someone in a jail goes right to the DOJ first without using all steps of the internal grievance process at their jail, the jail could get the case dismissed for failure to exhaust the internal grievance process under the law. This is why it’s so important to use the complaint process first!
