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Due Process Violation

By: Derek Hawkins//August 30, 2017//

Due Process Violation

By: Derek Hawkins//August 30, 2017//

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WI Court of Appeals – District I

Case Name: Christopher E. Manney v. Board of Fire and Police Commissioners for the City of Milwaukee

Case No.: 2016AP1598

Officials: Brennan, P.J., Kessler and Dugan, JJ

Focus: Due Process Violation

Before the circuit court, Manney brought both a statutory appeal under WIS. STAT. § 62.50(20) (2015-2016) and a certiorari appeal. The circuit court denied his statutory appeal finding sufficient evidence to support just cause for his discharge. The circuit court also denied Manney’s certiorari review. Manney appeals the certiorari decision to this court.

On certiorari appeal to this court, Manney argues that this court should reverse the Board’s decision for four main reasons.  First, as to SOP 085.25(a), he argues that neither Wisconsin nor constitutional law requires an officer to have a reasonable basis to believe a suspect has a weapon before conducting a pat-down search, and the Board cannot ignore state law and discipline him for violating a Department rule that imposes such a requirement. Relatedly, he argues that the pat-down rule he was disciplined for violating is “unconstitutionally vague.” Second, he argues that SOP 460.05(1) is not a rule, only a suggestion for consideration, and therefore cannot be the basis for discharge. Third, he argues that his due process rights were violated by the Board basing its decision on an uncharged SOP, 001.05 Fair and Impartial Policing, which Manney was never charged with. Finally, he raises a belated challenge to the Board’s jurisdiction. For the following reasons we affirm the Board’s decision discharging Manney.

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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.

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