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10-2446 Marion v. Radtke
Civil Rights Prison conditions; due process The plaintiff failed to present sufficient evidence to determine whether 240 days in segregation at Columbia Correctional Institution is a deprivation of liberty under the Due Process Clause. “When answering Marion’s complaint, defendants denied that conditions in DS-1 confinement deprived him of liberty or property. Marion had to come […]
09-C-1192 Milwaukee Police Association v. Board of Fire & Police Commissioners of the City of Milwaukee
Employment Public employment; due process A probationary police officer in Milwaukee has no due process right to a hearing before termination. “The term ‘member of the police force’ has no specific statutory definition. Ramskugler argues that she was a ‘member of the police force’ because she was a ‘law enforcement officer,’ defined by statute as […]
10-1948 Keene v. Consolidation Coal Co.
Constitutional Law Due process; takings; black lung disease Section 1556 of the PPACA, amending the Black Lung Benefits Act, to create a retroactive presumption in favor of benefits, is not unconstitutional. “Consol falls far short of meeting its burden. Notably, the Supreme Court has already rejected an argument that the BLBA as a whole violates […]
07-C-0303 Burton v. American Cyanamid Co.
Constitutional Law Due process; Takings Clause; retroactive liability The Wisconsin Supreme Court’s adoption of the risk contribution doctrine for lead paint manufacturers was not unconstitutional. “[E]ven assuming that the risk contribution doctrine imposed retroactive liability and that judicial decisions in the civil law area were subject to constitutional challenge on retroactivity grounds[...]
2010AP2153-FT Killeen v. Adrian
Remedies TROs; sufficiency of the evidence; due process Michael Adrian appeals an order granting a domestic abuse injunction prohibiting contact with his former wife, Margaret Killeen.[1] Adrian contends there was insufficient evidence to support the order and that his due process rights were violated. We reject both of Adrian’s arguments and, therefore, affirm. This opinion […]
10-1332 Cole v. MATC
Employment Public employment; due process The termination of a public employee terminated after a drunk driving arrest did not violate due process. “Plaintiff has not alleged a situation where the Board was using paragraph 10(b) to effectuate an ‘end run’ around paragraph 10(e) and avoid the paragraph 10(e) requirement to pay compensation for the remainder […]
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 […]
2010AP2792 In re the termination of parental rights to Aaliyah W.
Juveniles TPR; due process Abigail W. appeals the order terminating her parental rights to Aaliyah. Abigail raises a substantive due process challenge to Wis. Stat. § 48.415(2) (2007-08). She claims the statute is unconstitutional as applied to her because one of the conditions for the return of her child in the underlying CHIPS order was […]
2010AP1057-CR State v. Kohel
Motor Vehicles OWI; due process; exculpatory evidence This case returns to us after remand. The State appeals from a circuit court order dismissing charges filed against Daniel W. Kohel for operating a motor vehicle while intoxicated (OWI) and with a prohibited blood alcohol content (PAC), both as a third offense. The circuit court did so […]
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 a[...]
2010AP1979, 2010AP1980, 2010AP1981 In re the termination of parental rights to Samara R., et al
Juveniles TPR; due process; competence Marquita R. appeals the orders terminating her parental rights to three of her children: Ziear R., Samara R., and Marquita R. Marquita R. contends that the trial court violated her due process rights when, after she was found incompetent in another court, the trial court entered a default judgment against […]
2009AP1505-CR State v. Thompson
Due Process Mandatory minimum sentences The State appeals an order granting Thompson a new trial after a jury found him guilty of one count of first-degree sexual assault of a child under the age of thirteen. The circuit court concluded that the failure to inform Thompson of the applicable mandatory minimum sentence prior to trial […]
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