Wisconsin Supreme Court revives class action lawsuit filed by corrections officers

The Wisconsin Supreme Court has made a significant ruling in favor of the state’s correctional officers, allowing them to pursue a class-action lawsuit against the Department of Corrections. The lawsuit aims to address the issue of compensation for the time spent by officers undergoing security screenings before and after their shifts.

This legal battle began in 2020 when an officer filed a class-action lawsuit contending that the pre and post-shift activities should be considered compensable. Initially, a Milwaukee County judge split the case into two components, separating the certification of correctional officers as a class from the assessment of their arguments on the merits.

The circuit court judge granted the motion for class certification, but this decision was later overturned by the court of appeals. The appeals court ruled that the officers could not be certified as a class because their argument was perceived as lacking merit. However, the Wisconsin Supreme Court ultimately overturned this decision in a majority opinion authored by Justice Janet Protasiewicz.

According to Justice Protasiewicz, the key criteria for certifying a class-action lawsuit is determining whether the group in question shares a common question without delving into the answer to that question. She emphasized that there is a distinction between recognizing the existence of a common issue and resolving it. The court must strike a balance between evaluating evidence to establish a common issue without assessing whether the plaintiff class will prevail on the merits.

Justice Protasiewicz’s opinion was supported by Justices Ann Walsh Bradley, Rebecca Dallet, Brian Hagedorn, and Jill Karofsky. Chief Justice Annette Ziegler provided a partial concurrence, co-signed by Justice Rebecca Bradley.

Upon learning of the court’s decision, the attorney representing the DOC officers involved in the case expressed gratitude for the ruling. Michael Flannery, the attorney, acknowledged the importance of the Supreme Court’s ruling in reinstating the Circuit Court’s decision to certify a class of Wisconsin corrections officers. He highlighted the invaluable and challenging work done by corrections officers as well as the unfairness of subjecting them to unpaid labor before and after their shifts for years. Flannery stated his anticipation of taking the case to trial to ensure that these dedicated workers receive the economic justice they deserve.