Failure to State Legal Basis For Relief

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WI Court of Appeals – District I

Case Name: Milwaukee Deputy Sheriff’s Association v. David A. Clarke, Jr. et al

Case No.: 2015AP1577

Officials: Kessler, Brennan and Brash, JJ.

Focus: Failure to State Legal Basis For Relief

Sheriff David A. Clarke, Jr. appeals an order granting Milwaukee County’s motion to dismiss. Sheriff Clarke argues that the circuit court erred in dismissing his claim on the grounds that he failed to establish that he has a legal basis for the relief he sought. Specifically, Sheriff Clarke argues that he is entitled to relief on the grounds that: (1) the County’s 2015 budget is arbitrary and unreasonable because it prevented him from fulfilling his constitutional and statutory duties; (2) the hiring and appointment of deputy sheriffs is a constitutionally protected power of the sheriff; and (3) WIS. STAT. § 59.26(2) (2013-14) gives him the authority to appoint as many law enforcement officers as he considers necessary to fulfill his constitutional and statutory duties. We disagree and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.