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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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