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Demurrer - Wikipedia, the free encyclopedia - 0 views

74.125.155.132/search Usually a demurrer attacks complaint as missing one o
shared by Nye Frank on 28 Jul 09 - Cached
  • Nye Frank on 28 Jul 09
     
    Usually, a demurrer attacks a complaint as missing one or more required elements of a claim. For example, a negligence cause of action must allege that: 1) the defendant owed a duty to the plaintiff; 2) the defendant breached the duty; 3) the breach caused plaintiff injury; and 4) the plaintiff suffered damage. A defendant could demur by saying that the complaint failed to plead one or more of these essential elements.
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COURT OF APPEALS STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE Minutes of a mee... - 0 views

74.125.155.132/search writ mandamus administrative stading rules
shared by Nye Frank on 28 Jul 09 - Cached
  • udge Kaplan commented that at-will employees who have been discharged from working for the State government use mandamus, since there is no appeal authorized for an at-will employee who has been wrongfully discharged. Mr. Sykes pointed out this would come under regular mandamus, which is applicable when there is no record. When an agency makes a final decision affecting the rights of parties, an appeal is effected by administrative mandamus if there is no statutory right of appeal.
  • Mr. Gohn noted that he did not believe that under administrative or regular mandamus, there would be the necessity to file the entire file. Ms. Baron may have been looking at the certiorari rule, which does not apply.
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Links - September 11th Victim Compensation Fund of 2001 - 0 views

www.usdoj.gov/...re_legal.html victim compensation 11th legal crime
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  • Links for state bar associations for some key victim states are listed below. State Bar of California Connecticut Bar Association District of Columbia Bar Maryland State Bar Association Massachusetts Board of Bar Overseers,Office of the Bar Counsel New Jersey State Bar Association New York State Bar Association Pennsylvania Bar Association Virginia State Bar
  • Nye Frank on 28 Jul 09
     
    There is much litigation over the question whether a particular wrong allegedly perpetrated by a defendant upon a plaintiff is the type of conduct that the civil rights act was designed to remedy. Many claimed infractions of the law do not give rise to a civil rights violation. Suit is allowed only if the defendant deprives a person of his or her rights under the federal laws or the United States Constitution. Weber v. City of Cedarburg, 129 Wis. 2d 57, 384 N.W.2d 333 (1986). The civil rights statute does not create any substantive rights. Penterman v. Wisconsin Electric Power Co., 211 Wis. 2d 458, 565 N.W.2d 521 (1997). The procedural protections of the Due Process Clause of the 14th Amendment will only be triggered if state action implicates a constitutionally protected interest in life, liberty or property. Board of Regents v. Roth, 498 U.S. 564 (1972)(no constitutional tort was involved in non-renewal of contract of non-tenured teacher). Nothing in the 14th Amendment protects against all government deprivations of life, liberty or property. Only deprivations without due process of law are protected. Hudson v. Palmer, 468 U.S. 517, (1984)(shakedown of prison inmate not actionable unless solely for the purpose of harassing or humiliating plaintiff) http://74.125.155.132/search?q=cache:mOG9ycDK1QwJ:www.pittslaw.com/_pittslaw.09_/Pages/civil_rights_claims.html+&cd=6&hl=en&ct=clnk&gl=us&client=firefox-a
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Diigo & Google - 0 views

www.diigo.com/...g equal protection civil rights
shared by Nye Frank on 28 Jul 09 - Cached
  • Nye Frank on 28 Jul 09
     
    There is much litigation over the question whether a particular wrong allegedly perpetrated by a defendant upon a plaintiff is the type of conduct that the civil rights act was designed to remedy. Many claimed infractions of the law do not give rise to a civil rights violation. Suit is allowed only if the defendant deprives a person of his or her rights under the federal laws or the United States Constitution. Weber v. City of Cedarburg, 129 Wis. 2d 57, 384 N.W.2d 333 (1986). The civil rights statute does not create any substantive rights. Penterman v. Wisconsin Electric Power Co., 211 Wis. 2d 458, 565 N.W.2d 521 (1997). The procedural protections of the Due Process Clause of the 14th Amendment will only be triggered if state action implicates a constitutionally protected interest in life, liberty or property. Board of Regents v. Roth, 498 U.S. 564 (1972)(no constitutional tort was involved in non-renewal of contract of non-tenured teacher). Nothing in the 14th Amendment protects against all government deprivations of life, liberty or property. Only deprivations without due process of law are protected. Hudson v. Palmer, 468 U.S. 517, (1984)(shakedown of prison inmate not actionable unless solely for the purpose of harassing or humiliating plaintiff) http://74.125.155.132/search?q=cache:mOG9ycDK1QwJ:www.pittslaw.com/_pittslaw.09_/Pages/civil_rights_claims.html+&cd=6&hl=en&ct=clnk&gl=us&client=firefox-a
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Civil Rights Claims In Wisconsin | Wisconsin Attorney's | PittsLaw.com - 0 views

74.125.155.132/search notice of claim 1983
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  • 120 day notice of claim requirement, qualified immunities for discretionary conduct by governmental employees, and a limitation of damages provision in the amount of $50,000.00 that applies to most state law claims
  • Whether state or federal qualified immunity for discretionary acts might shield a defendant from liability under the civil rights act depends on whether the defendant violates a plaintiff’s clearly established statutory or constitutional right of which a reasonable person would have known. Allen v. Guerrero, 276 Wis.2d 679, 688 N.W.2d 673 (Ct. App. 2004)(deliberately holding a person in prison beyond a statutorily prescribed release date violates the 8th Amendment proscription against cruel and unusual punishment). The plaintiff must prove unconstitutional conduct and that the applicable constitutional standards were clearly established at the time in question. Saucier v. Katz, 533 U.S. 194 (2001)(excessive force during an arrest); Newsome v McCabe, 319 F.3d 301 (7th Cir. 2003)(procurement of false testimony); Magdziak v. Byrd, 96 F.2d 1045 (7th Cir. 1996)(high speed chase by police).  
  •   The Wisconsin Supreme Court has held that the $50,000.00 municipal liability cap on damages prescribed by Wis. Stat. § 893.80(3) does not apply in a civil rights lawsuit.  Thompson v. Village of Hales Corners, 115 Wis. 2d 289, 340 N.W.2d 704 (1983). Wisconsin’s state law that puts a $350,000 cap on damages for loss of society and companionship arising out of the death of an adult family member or a $500,000 cap on damages for loss of society and companionship of a minor is likewise inapplicable in a civil rights case. Bell v. City of Milwaukee, 746 F.2d 1205 (7th Cir. 1984
  • Nye Frank on 28 Jul 09
     
    Whether state or federal qualified immunity for discretionary acts might shield a defendant from liability under the civil rights act depends on whether the defendant violates a plaintiff's clearly established statutory or constitutional right of which a reasonable person would have known. Allen v. Guerrero, 276 Wis.2d 679, 688 N.W.2d 673 (Ct. App. 2004)(deliberately holding a person in prison beyond a statutorily prescribed release date violates the 8th Amendment proscription against cruel and unusual punishment). The plaintiff must prove unconstitutional conduct and that the applicable constitutional standards were clearly established at the time in question. Saucier v. Katz, 533 U.S. 194 (2001)(excessive force during an arrest); Newsome v McCabe, 319 F.3d 301 (7th Cir. 2003)(procurement of false testimony); Magdziak v. Byrd, 96 F.2d 1045 (7th Cir. 1996)(high speed chase by police). http://74.125.155.132/search?q=cache:mOG9ycDK1QwJ:www.pittslaw.com/_pittslaw.09_/Pages/civil_rights_claims.html+&cd=6&hl=en&ct=clnk&gl=us&client=firefox-a
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FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl violation of rights to procedural due process sbustantive by investigation without probable cause misreprentation cacts falsify records perjury
shared by Nye Frank on 28 Jul 09 - Cached
  • In their suit, Appellants alleged that Scheer violated their rights to procedural due process by refusing to allow them to participate in his telephone conversation with the City Solicitor. They alleged that he violated their rights to substantive due process by pursuing the investigation without probable cause, misrepresenting facts to Solicitor Maser, inducing CHOP to falsify records, and attempting to suborn perjury by Dr. Henretig.2
  • . Plaintiffs also contend on appeal that the District Court erred by making credibility judgments in its summary judgment ruling. Specifically, they argue that the District Court should not have determined that the actions of Scheer were reasonable or made in good faith. We reject this argument summarily. As discussed above, plaintiffs proffered no evidence of acts by Scheer that rose to a level of arbitrariness that shocks the conscience and therefore failed to state the kind of deprivation that might rise to the level of a constitutional violation. in the District Court's construction of Scheer's behavior in this case
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