10-1545 Polzin v. Gage

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Civil Rights
Dismissal

Where the trial judge did not state the reason for dismissing one of the plaintiff’s claims, the case must be remanded.

“Mr. Polzin also submits that, while the special prosecutor was performing an investigatory function, she and the DCI investigators violated his constitutional rights by failing to conduct a full investigation and by falsifying evidence to conceal information about his childhood sexual abuse. When the district court dismissed all claims, it neglected to mention Mr. Polzin’s contentions regarding this out-of-court investigation. We therefore cannot be certain of the basis upon which they were dismissed, and so must remand on this point. Accordingly, on remand, if the district court concludes that dismissal with prejudice is appropriate, it should explain the basis of its decision. If the district court decides that dismissal on the Heck doctrine alone is appropriate, it should dismiss that portion of Mr. Polzin’s complaint without prejudice.”

Affirmed in part, and Vacated and Remanded in part.

10-1545 Polzin v. Gage

Appeal from the United States District Court for the Eastern District of Wisconsin, Griesbach, J., Per Curiam.

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