J.J. v. Litscher: Humane Conditions at Youth Prisons

Our class action lawsuit resulted in regulations to eliminate or significantly restrict the use of pepper spray, solitary confinement, shackling, and strip searches in Wisconsin youth prisons.

The State of Wisconsin agreed to settle a class action lawsuit, J.J. vs. Litscher, brought against the Lincoln Hills and Copper Lake youth prisons. The young plaintiffs in the case challenged abusive practices such as solitary confinement and use of pepper spray, and were represented by the ACLU of Wisconsin, Juvenile Law Center and pro bono attorneys at Quarles & Brady. This settlement came a few months after the state of Wisconsin passed legislation to close the controversial facilities by 2021. They remain open.

Key terms of the settlement include the following agreements:

• Punitive solitary confinement will phase out and will be fully eliminated within 10 months of court approval of the settlement.
• All other forms of solitary confinement will be strictly limited.
• The use of pepper spray will be phased out and will be fully eliminated within 12 months of court approval.
• All forms of mechanical restraints, such as belly chains or handcuffs, will be strictly limited, and youth will not be cuffed to fixed objects like tables. Their use will be the exception, not the rule.
• No strip searches will be conducted without individualized probable cause.
• Within 3 months of court approval of the settlement, all facility staff will receive de-escalation training by a nationally recognized provider.
• A monitor – an individual with expertise in juvenile corrections – will visit the prisons, interview youth, and review records to ensure that Lincoln Hills and Copper Lake follow the terms of the settlement.

On January 28, 2026, the court-appointed monitor overseeing Lincoln Hills and Copper Lake submitted the second consecutive report finding “substantial compliance” with all measures. In 2018, the State agreed to regular monitoring as part of the settlement of a class action lawsuit filed by the ACLU of Wisconsin, Juvenile Law Center and Quarles & Brady LLP to address harmful conditions at Lincoln Hills and Copper Lake. As the settlement allows, Defendants filed an unopposed motion to terminate the court-ordered Consent Decree.

Juvenile Law Center, ACLU of Wisconsin, and Quarles & Brady have regularly participated in monitor visits over the past eight years, seeing the facilities firsthand, talking with young people about their experiences, and sharing concerns with the monitor.

While the settlement agreement will come to a close, the protections for young people will continue. Notably, the key provisions of the Consent Decree—which prevent punitive solitary confinement and limit pepper spray, mechanical restraints, and strip searches—are now codified in the Wisconsin Administrative Code. They will govern the treatment of children at Lincoln Hills and Copper Lake, as well as all new state-run secure facilities for youth, even after the Consent Decree terminates.

The ACLU of Wisconsin is a non-profit, non-partisan, private organization whose 24,000 members support its efforts to defend the civil rights and liberties of all Wisconsin residents. For more on the ACLU of Wisconsin, visit our website at www.aclu-wi.org, like us on Facebook or follow us on Twitter at @ACLUofWisconsin

Founded in 1975, Juvenile Law Center is the first non-profit, public interest law firm for children in the country. We fight for youth through litigation, appellate advocacy and submission of amicus (friend-of-the-court) briefs, policy reform, public education, training, consulting, and strategic communications. Widely published and internationally recognized as leaders in the field, Juvenile Law Center has substantially shaped the development of law and policy on behalf of youth. We strive to ensure that laws, policies, and practices affecting youth advance racial and economic equity and are rooted in research, consistent with children’s unique developmental characteristics, and reflective of international human rights values. For more information about Juvenile Law Center’s work, visit www.JLC.org.