By: Derek Hawkins//October 26, 2016//
WI Court of Appeals – District IV
Case Name: Alan Williams Gursky v. Candace Warner, et al
Case No.: 2015AP2494
Officials: Kloppenburg, P.J.
Focus: Motion for Reconsideration
On July 15, 2014, while incarcerated in the New Lisbon Correctional Institution, Alan Gursky filed an Inmate Complaint alleging that prison staff lost his hearing aid. Gursky’s inmate complaint was finally dismissed on October 13, 2014. Gursky served a notice of claim on the Wisconsin attorney general on February 11, 2015, and filed the complaint in this case in small claims court on June 18, 2015. The respondents, all employees of the Wisconsin Department of Corrections, moved to dismiss Gursky’s complaint for “fail[ure] to adhere to the mandatory notice of claims requirements set forth in [WIS. STAT.] § 893.82.” The circuit court granted the motion to dismiss and denied Gursky’s subsequent motion for reconsideration. Gursky appeals. For the reasons stated below, I affirm.