Taylor v. Rock County Sheriff's Dep't
In Taylor v. Rock County Sheriff's Dep't, 223 Wis. 2d 134, 588 N.W.2d 356 (Ct. App. 1998), the Court considered whether the PLRA applied to appeals which were pending on the effective date of the act.
The court considered 1997 Wis. Act 133, 43(1), which states that the act applies to "'civil actions, special proceedings, injunctions and petitions for common law writ of certiorari pending on the effective date' of the act." Taylor, 223 Wis. 2d at 136.
The court concluded that this section does not state that it applies to appeals and that "this omission is in contrast to other parts of the act that specifically include appeals." Id.
The opinion further states that the State expressly conceded that "the PLRA provides a list of the types of pending cases to which it applies, and the list does not include appeals. Applying the maxim expressio unius est exclusio alterius, the State concludes that by listing some types of cases, but not appeals, the legislature did not intend the PLRA to apply to appeals pending on its effective date." Id. at 137.