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Case Digests

00-2017 Lewis v. Washington

“Although we have held that exhaustion is not a jurisdictional requirement, Massey v. Wheeler, 221 F.3d 1030, 1034 (7th Cir. 2000), we have yet to conclude that the exhaustion defense is subject to equitable estoppel. The Fifth Circuit is the ...

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01-3404 Maki v. Allen

Kathleen W. Allen and her husband, Randolph S. Allen, arguing pro se, appeal a small claims judgment of eviction in favor of their landlord, Debra A. Maki. We affirm. This opinion will not be published. Dist II, Kenosha County, Schroeder, ...

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01-3489 Macklin v. U.S.

“[T]he text of § 2410 does not contain one common condition to a waiver of sovereign immunity, a statute of limitations period. However, within the chapter containing § 2410, Congress created a general statute of limitations provision that governs civil ...

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01-3204 Wanta v. Mueller, et al.

Frederic and Beth Mueller appeal a summary judgment dismissing their third-party intentional and strict responsibility misrepresentation claims against Williams Realty, Inc., and their punitive damages claim against Richard and Carol Wanta. The Muellers argue that there are genuine issues of ...

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02-1433 U.S. v. Mabrook

“Mabrook argues that the district court should have permitted him to question Paneras about matters outside the statute of limitations. However, after conducting a hearing, the district court found that Paneras would not be insulated from state or federal prosecution ...

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01-1310 Cowden, et al. v. Kadlec, et al.

David and Gayle Kadlec appeal a judgment awarding Northern Health Services (NHS) $154,160.08 in damages for breach of a lease agreement for a Community Based Residential Facility (CBRF). The circuit court concluded that, based on Section Two of the lease ...

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01-2929 Harding v. Walls

“Harland’s affidavit averred that he discussed his case with his attorney and the prosecutor prior to trial and that, during those discussions, he was ‘reassured’ that his testifying against Harding would benefit his own case. Additionally, the affidavits of the ...

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01-2209 U.S. v. Willis

“Willis maintains that the trial court erred in refusing to grant him a reduction for acceptance of responsibility. In the plea agreement, Willis argues, the government promised to recommend a reduction for acceptance of responsibility if Willis exhibited behavior consistent ...

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01-3230 County of Racine v. Staege

Glenn Staege appeals an order directing him to terminate the nonconforming use of his property as a welding supply business. He challenges the trial court’s determination that he had expanded and changed the nature of his business beyond the use ...

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01-3230 County of Racine v. Staege (57675)

Glenn Staege appeals an order directing him to terminate the nonconforming use of his property as a welding supply business. He challenges the trial court’s determination that he had expanded and changed the nature of his business beyond the use ...

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01-2792 Cops v. City of Kaukauna, et al.

Henry and Geradus Cops appeal a summary judgment in favor of the City of Kaukauna and Wausau Underwriters Insurance Company. They also appeal the dismissal of their inverse condemnation claims against the City and the Wisconsin Department of Transportation. The ...

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01-4122, 02-1190 U.S. v. Mitchell

“Mitchell and Peete note that the Supreme Court subsequently applied Lopez to narrow a criminal statute and invalidate another law on Commerce Clause grounds. See Jones v. United States, 529 U.S. 848 (2000); United States v. Morrison, 529 U.S. 598 ...

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01-2173-CR State v. Krispin

James J. Krispin appeals a judgment convicting him of fourth-degree sexual assault, two counts of second-degree sexual assault by use of force, and three counts of misdemeanor bail jumping, all as a habitual criminal. Krispin, claiming that the State engaged ...

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02-0661-CR State v. Stocks

Alexander Stocks appeals from the judgment of conviction entered after a jury convicted him of retail theft – habitual criminality. He also appeals from the trial court’s order denying his motion for postconviction relief. Stocks contends that the trial court ...

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01-4162 Jackson v. Illinois Medi-Car, Inc.

“[A]lthough Mr. Jackson has demonstrated that he suffered from an objectively serious medical condition, we certainly cannot conclude on this record that Mr. Howard acted with deliberate indifference to the situation. Mr. Howard’s role in this incident was markedly different ...

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01-2853 Franzoni v. Hartmarx Corp.

“[E]ven if we were to assume that Franzoni had set forth a prima facie case, his claim would fail because he has failed to demonstrate pretext. We have previously noted that pretext requires more than a showing that the business ...

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01-2103 Eisenberg v. Babikan, et al.

S. Eisenberg appeals a judgment dismissing her complaint, which sought to prevent the razing of buildings she owns, and an order evicting the tenant from one of the properties. The dispositive issues are whether the trial judge properly denied Eisenberg’s ...

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