Quantcast
Home / Case Digests (page 745) /

Case Digests

00-3399 Smith v. Williams, et al.

We conclude that the exclusive remedy provisions of sec. 66.05(3) apply only to claims premised on the reasonableness of the order to raze, not to claims such as those asserted by plaintiff which arise from acts that occur while carrying ...

Read More »

01-1353 U.S. v. Atwater

“[A]ll the sentencing judge said was that Atwater ‘either knew or should have known that a firearm would be involved in this case. I have never heard of a bank robbery without a firearm. That is sort of a given. ...

Read More »

01-0954 State v. Goetz

Although told to sit on the couch, this was not a situation where a reasonable person would have considered her freedom of movement to be restrained to the degree associated with a formal arrest. And, even though defendant was handcuffed ...

Read More »

00-3232 Haun v. Rankin, et al.

Mary Haun appeals a judgment dismissing her medical malpractice action against Dr. Thomas Rankin. The jury found that Rankin was negligent in his care and treatment of Haun but that his negligence did not cause Haun any injury. Haun argues ...

Read More »

01-1272 Egebergh v. Nicholson

“[A] reasonable jury could infer that Nicholson and Burdi were deliberately indifferent to Fitzgibbons’s welfare. They knew he was an insulin-dependent diabetic. They knew (Nicholson certainly, Burdi probably) that diabetics can be seriously harmed by being deprived of insulin. They ...

Read More »

00-860 Correctional Services Corp. v. Malesko

“[I]it is clear that the claim urged by respondent is fundamentally different from anything recognized in Bivens or subsequent cases. In 30 years of Bivens jurisprudence we have extended its holding only twice, to provide an otherwise nonexistent cause of ...

Read More »

01-0506 State v. Malcom

“Despite Cole’s acceptance of full responsibility for the criminal activities, substantial and unchallenged evidence also implicated Malcom. For instance, Johnson, [defendant’s girlfriend], testified that when she threatened to call the police, Malcom told her not to do so because of ...

Read More »

01-1551-FT Boley v. Rankin, et al.

Carol Boley appeals a summary judgment dismissing her medical malpractice claim. Boley argues that the circuit court erred as a matter of law by finding that her claim was barred by the statute of limitations. We disagree and affirm. This ...

Read More »

00-507 Chickasaw Nation v. U.S.

The statute’s language is too strong to give the chapter 35 reference independent operative effect. The unambiguous language outside the parenthetical says without qualification that the subsection applies to “provisions … concerning the reporting and withholding of taxes”; and the ...

Read More »

00-3383 State v. Olson

“Here, the reasonable suspicion that Olson was involved in the burglary, the strong governmental interest in solving crimes, and the purposeful avoidance of the police by Olson make Bach’s traffic stop a reasonable one under the facts and circumstances of ...

Read More »

01-0900-CR State v. Pierce

Darryl Pierce appeals a judgment convicting him of attempted armed robbery and an order denying postconviction relief. He argues that he was denied effective assistance of counsel because defense counsel failed to impeach a key prosecution witness with inconsistent statements. ...

Read More »

00-1004 Robinson v. John Doe, et al.

“He isn’t challenging the arrest, or the seizure of evidence pursuant to it, but the (alleged) use of excessive force by the police in effecting the arrest. It might appear that because the defendants deny having used excessive force, the ...

Read More »

01-0139 Maxy v. Meyer

Childeric Maxy, pro se, appeals the circuit court’s order dismissing his small claims complaint against Julia Meyers for compensation and for return of personal belongings left at her home. For the reasons explained below, we affirm. This opinion will not ...

Read More »

01-1696-FT State v. Butz

Diane K. Butz appeals from the decision of the trial court finding that her refusal to submit to chemical testing was unreasonable. In this appeal, she challenges the credibility of the arresting officer and contends that if the finder of ...

Read More »

01-1908-FT City of Menomonie v. Herman

Jeno Herman appeals a judgment convicting him of operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration. He argues that the trial court erred by denying his motion to suppress because the arresting ...

Read More »

00-2708 Johnson v. ITT Industries, Inc.

“There is nothing unlawful about a leave policy that distinguishes between leave that is due to a court order and leave to enable an employee to engage in private business, including the filing of lawsuits. It would be one thing ...

Read More »

01-1763-CR State v. Baskin

Scott Baskin appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence based upon a lack of ...

Read More »

01-2410 Kinney v. Federal Security, Inc.

“We agree with Kinney that the district court’s judgment should be vacated and the case dismissed because the appeal is moot. See Barbour, 583 F.2d at 337. However, the mootness of the appeal and the vacatur of the district court’s ...

Read More »

01-1674-CR State v. Caldwell

Danny R. Caldwell appeals from an amended judgment of conviction imposing an added period of confinement as a condition of probation. Caldwell contends that the trial court’s modification of the judgment violated his due process rights as set out in ...

Read More »