(DOWNLOAD) "Bobby Felder v. Duane Casey" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bobby Felder v. Duane Casey
- Author : Supreme Court of Wisconsin
- Release Date : January 24, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is a review of an unpublished decision of the court of appeals, dated April 24, 1986, which reversed in part and affirmed in part a judgment by the circuit court for Milwaukee county, Circuit Judge Robert W. Landry. Specifically, the appeals court reversed the trial court's determination that the two-year statute of limitations period under sec. 893.57, Stats., was to be applied retroactively to the civil rights claims brought by Bobby Felder (Felder) under 42 U.S.C. secs. 1983 and 1985, against several city of Milwaukee police officers. The appeals court decided that the three-year statute of limitations, sec. 893.54(1), should apply to Felder's claim instead of the two-year period. Second, the appeals court affirmed the trial court's holding that sec. 893.80, the notice of claim statute, was inapplicable to sec. 1983 actions brought in state court. Finally, the appeals court affirmed the trial court's decision that the mere existence of state tort remedies, under which Felder might have recovered, should not operate to preclude the institution of an action based on sec. 1983. While the issue of the applicability of sec. 893.80 to sec. 1983 actions brought in state court against municipalities and municipal employees presents a question of first impression, we believe that this case may be disposed of on the basis of sec. 893.80 alone. 1 Because we believe that sec. 893.80 does apply to federal civil rights actions which are brought in state court and because Felder has not satisfied the requirements of that statute, we reverse the decision of the court of appeals. Since our holding operates to bar Felder from proceeding further, we need not, under these facts, consider the remaining issues posed by the parties. I.