814.25.Costs in actions by prisoners.

Section 814.25 sets a distinct cost regime for prisoner litigation over prison or jail conditions, terms that carry the meanings given in section 801.02(7)(a)2. and 3. Subsection (2)(a) states the general rule: if a prisoner brings an action or special proceeding related to prison or jail conditions, no costs may be allowed against the state, a state agency, a county, city, village, or town, or against an individual defendant sued in an official capacity.

Subsection (2)(b) narrows that protection in two situations. Costs are allowable to a prisoner who obtains prospective injunctive relief against an individual defendant sued in an official capacity, and to a prisoner who obtains a judgment against a defendant sued in a personal capacity. Neither exception applies, however, to actions or proceedings related to prison or jail conditions that seek a remedy available by certiorari.

Subsection (3) addresses the flip side: when the government or an individual defendant prevails against the prisoner in that kind of action, the prisoner has to pay the full costs the chapter allows. Those costs come out of any trust fund accounts the prisoner holds, collected the same way court fees are required to be paid under section 814.29(1m)(e).