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Tag Archives: Constitutional Digest

10-2485 & 10-3635 Zamecnik v. Indian Prairie School Dist. # 204

Constitutional Law Freedom of speech; schools A school cannot prohibit students from wearing t-shirts that say, “Be Happy, Not Gay.” “[A] school that permits advocacy of the rights of homosexual students cannot be allowed to stifle criticism of homosexuality. The school argued (and still argues) that banning ‘Be Happy, Not Gay’ was just a matter of protecting the ‘rights’ of ...

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10-1829 Miller v. Dobier

Constitutional Law Due process; prisons Persons civilly committed as sexually violent persons are entitled to due process before being disciplined, but disciplinary measures that do not substantially worsen the conditions of confinement of a lawfully confined person are not actionable. “Language in a few cases could be read to suggest that a pretrial detainee or a civil detainee does not ...

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10-1359 Bettendorf v. St. Croix County

Constitutional Law Takings; downzoning Where a property owner made improvements pursuant to a conditional zoning provision, and then successfully sued to have the condition struck down, subsequent downzoning of the property was not a taking. “The Takings Clause presupposes government interference with one’s property rights in pursuit of a public purpose. Lingle v. Chevron, 544 U.S. 528, 543 (2005). As ...

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10-1359 Bettendorf v. St. Croix County

Constitutional Law Takings; downzoning Where a property owner made improvements pursuant to a conditional zoning provision, and then successfully sued to have the condition struck down, subsequent downzoning of the property was not a taking. “The Takings Clause presupposes government interference with one’s property rights in pursuit of a public purpose. Lingle v. Chevron, 544 U.S. 528, 543 (2005). As ...

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09-3297 Labella Winnetka, Inc., v. The Village of Winnetka

Constitutional Law Due process A village’s refusal to issue building permits or a liquor license did not violate substantive or procedural due process. “Apart from the renewal form allegations, LaBella also alleged that defendants ‘cancelled’ its liquor license ‘without cause, notice or a hearing.’ LaBella contends that that allegation-which the district court appears to have overlooked or read in conjunction ...

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08-4164 Board of Regents v. Phoenix International Software, Inc.

Constitutional Law Sovereign immunity A state does not lose its sovereign immunity through litigation conduct. “Phoenix contends that Wisconsin’s litigation status was similarly changed-and its sovereign immunity similarly waived-when it made the decision to file an action in district court pursuant to 15 U.S.C. § 1071(b) rather than appealing the TTAB’s decision to the Federal Circuit pursuant to § 1071(a). ...

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2010AP1937-OA Wisconsin Prosperity Network v. Myse

Constitutional Law Freedom of speech “The court having considered the petition and supplemental petition to commence an original action under Wis. Stat. § (Rule) 809.70 filed on behalf of petitioners, Wisconsin Prosperity Network, Inc., The MacIver Institute for Public Policy, Inc., Americans for Prosperity, Reverend David King, Concerned Citizens of Iowa County, Inc., Daniel O. Curran, Oriannah Paul, The Sheboygan ...

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07-C864 Gibson v. American Cyanamid Co.

Constitutional Law Substantive due process; retroactive liability; lead paint Imposition of liability on lead paint manufacturers through the risk contribution rule violates substantive due process. “As with ARCO, the foregoing factors are satisfied with respect to the remaining defendants. It is unnecessary for the Court to proceed through the entire analysis once again. All of the defendants (or their predecessors-in-interest) ...

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2009AP1874-AC Metropolitan Milwaukee Association of Commerce, Inc., v. City of Milwaukee

Constitutional Law Referenda “The court is equally divided whether to affirm or reverse the order of the circuit court. Justice David T. Prosser, Justice Patience Drake Roggensack, and Justice Michael J. Gableman would affirm. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks would reverse. Justice Annette Kingsland Ziegler did not participate.” “When a certification ...

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08-4245 Palka v. Shelton

Constitutional Law Public employment; due process A government employee who resigned rather than face a disciplinary hearing cannot sue for violating his due process rights. “No doubt Palka was confronted with a difficult choice when the disciplinary charges were lodged against him and the Merit Board hearing loomed. He could retire with full benefits or appear before the Board and ...

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09-2904 Wilson v. Price

Constitutional Law Civil rights; color of state law Even though an alderman beat a private citizen, he did not do so under color of state law, and he cannot be sued under Section 1983. “Even drawing all reasonable inferences in Wilson’s favor, the complaint’s allegations do not demonstrate that any aspect of Price’s conduct on May 2, 2008 related to ...

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09-4156 Annex Books, Inc., v. City of Indianapolis

Constitutional Law Adult book stores Owners of adult bookstores were properly granted a preliminary injunction barring enforcement of an ordinance requiring them to close on Sundays, and between midnight and 10 a.m. on other days. “Appellate review of an order granting or denying a motion for a preliminary injunction is deferential. Ashcroft v. ACLU, 542 U.S. 656, 664-65 (2004). The ...

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10-1726 Guajardo-Palma v. Martinson

Constitutional Law Prisoner mail A prison’s violation of a prisoner’s right to be present when certain mail is opened, is not a violation of the prisoner’s federal civil rights. “[W]e note that all nine letters to the plaintiff that were opened without his being present were from courts or agencies rather than from his lawyer. (None was outgoing mail.) One ...

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