14 Wisconsin opinions name it 2 courts 1975–2019 0 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Allen v. McCurrygreen2 sentences2019Our supreme court made clear that there is “no legislative suggestion that [42 U.S.C. §] 1983 claims are to be granted immunity from the principles of claim preclusion.” Northern States Power, 189 Wis. 2d at 556 n.4; see also Allen v. McCurry, 449 U.S. 90, 104 (1980) (“There is, in short, no reason to believe that Congress intended to provide a person claiming a federal right an unrestricted opportunity to relitigate an issue already decided ….”); Migra v. Warren City Sch. 1995The United States Supreme Court has stated that "nothing in the language of sec. 1983 remotely expresses any congressional intent to contravene the common-law rules of preclusion ... [and] [mjoreover, the legislative history of sec. 1983 does not in any clear way suggest that Congress intended to repeal or restrict the traditional doctrines of preclusion." Allen v. McCurry, 449 U.S. 90, 97-98 (1980); see also University of Tennessee v. Elliott, 478 U.S. 788, 796 (1986) (state-court judgments are to be given both issue and claim preclusive effect in subsequent actions pursuant to sec. 1983). 5 | 2 | 2 |
Kettner v. Wausau Insurance Companiesgreen2 sentences2013See, e.g., Kettner, 191 Wis. 2d at 733–37 (explaining that not all conduct of agents comes within the scope of § 893.80; rather, only that conduct that may be imputed to a governmental entity as the act of the entity's servant comes within § 893.80).16 ¶38 The principles of immunity for particular types of agents under Wis. Stat. § 893.80 , as discussed in Kettner, should be read in harmony with the Lyons test and with the principles of governmental immunity enunciated in § 893.80(4). 2013See, e.g., Kettner, 191 Wis. 2d at 733–37 (explaining that not all conduct of agents comes within the scope of § 893.80; rather, only that conduct that may be imputed to a governmental entity as the act of the entity's servant comes within § 893.80).16 ¶38 The principles of immunity for particular types of agents under Wis. Stat. § 893.80 , as discussed in Kettner, should be read in harmony with the Lyons test and with the principles of governmental immunity enunciated in § 893.80(4). | 2 | 2 |
State v. Wilsongreen2 sentences2003Thus, in line with Albright , we consider the totality of the record in deciding whether [the defendant] appropriately waived his right to testify." Simpson, 185 Wis. 2d at 779 ; see also Wilson, 179 Wis. 2d at 672 n. 3. [28] ¶ 39. 2003Thus, in line with Albright , we consider the totality of the record in deciding whether [the defendant] appropriately waived his right to testify." Simpson, 185 Wis. 2d at 779 ; see also Wilson, 179 Wis. 2d at 672 n. 3. ¶ 39. | 1 | 2 |
Costas v. City of Fond Du Lacgreen1 sentence2013See, e.g., Costas, 24 Wis. 2d at 413–19; Hillcrest Golf, 135 Wis. 2d at 439-40 . ¶65 Third, Johnson relied on the principles of immunity that apply to municipal officers. | 1 | 1 |
Belleville State Bank v. Steelegreen1 sentence2004See id. | 1 | 1 |
City of Akron v. Akron Center for Reproductive Health, Inc.red2 sentences1997The majority opinion flies in the face of the long-standing principles of the doctrine of stare decisis. "[T]he doctrine of stare decisis. . . is a doctrine that demands respect in a society governed by the rule of law." Akron v. Akron Center for Reproductive Health, 462 U.S. 416, 419-20 (1983), overruled on other grounds by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). 1997The majority opinion flies in the face of the long-standing principles of the doctrine of stare decisis. "[T]he doctrine of stare decisis . . . is a doctrine that demands respect in a society governed by the rule of law." Akron v. Akron Center for Reproductive Health, 462 U.S. 416, 419-20 (1983), overruled on other grounds by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). | 1 | 1 |
University of Tennessee v. Elliottgreen1 sentence1995The United States Supreme Court has stated that "nothing in the language of sec. 1983 remotely expresses any congressional intent to contravene the common-law rules of preclusion ... [and] [mjoreover, the legislative history of sec. 1983 does not in any clear way suggest that Congress intended to repeal or restrict the traditional doctrines of preclusion." Allen v. McCurry, 449 U.S. 90, 97-98 (1980); see also University of Tennessee v. Elliott, 478 U.S. 788, 796 (1986) (state-court judgments are to be given both issue and claim preclusive effect in subsequent actions pursuant to sec. 1983). 5 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kenosha County Department of Human Services v. Jodie W.
green
2 sentences2019Jodie W. , 293 Wis. 2d 530 , ¶24. 2011Waukesha County v. Steven H., 2000 WI 28, ¶ 42 , 233 Wis. 2d 344 , 607 N.W.2d 607 ; Jodie W, 293 Wis. 2d 530 , ¶ 24 n.14. | 2 | 2011–2019 |
Northern States Power Co. v. Bugher
green
1 sentence2019Our supreme court made clear that there is “no legislative suggestion that [42 U.S.C. §] 1983 claims are to be granted immunity from the principles of claim preclusion.” Northern States Power, 189 Wis. 2d at 556 n.4; see also Allen v. McCurry, 449 U.S. 90, 104 (1980) (“There is, in short, no reason to believe that Congress intended to provide a person claiming a federal right an unrestricted opportunity to relitigate an issue already decided ….”); Migra v. Warren City Sch. | 1 | 2019–2019 |
Lister v. Board of Regents of the University of Wisconsin System
green
2 sentences2013Perhaps one of the clearest recognitions of this distinction was our statement in Lister v. Board of Regents of the University of Wisconsin System, 72 Wis. 2d 282 , 240 N.W.2d 610 (1976). 2013Perhaps one of the clearest recognitions of this distinction was our statement in Lister v. Board of Regents of the University of Wisconsin System, 72 Wis. 2d 282 , 240 N.W.2d 610 (1976). | 1 | 2013–2013 |
Hillcrest Golf & Country Club v. City of Altoona
green
1 sentence2013See, e.g., Costas, 24 Wis. 2d at 413–19; Hillcrest Golf, 135 Wis. 2d at 439-40 . ¶65 Third, Johnson relied on the principles of immunity that apply to municipal officers. | 1 | 2013–2013 |
La Crosse Lutheran Hospital v. La Crosse County
green
2 sentences2013La Crosse Lutheran Hosp. v. La Crosse Cnty., 133 Wis. 2d 335, 338 , 395 N.W.2d 612 (Ct. App. 1986). ¶62 Both before and after Holytz, when the principles of immunity have been applied to claims against municipal entities for damages, those principles have not been held applicable to claims for injunctive relief against ongoing governmental activities. 2013La Crosse Lutheran Hosp. v. La Crosse Cnty., 133 Wis. 2d 335, 338 , 395 N.W.2d 612 (Ct. App. 1986). ¶62 Both before and after Holytz, when the principles of immunity have been applied to claims against municipal entities for damages, those principles have not been held applicable to claims for injunctive relief against ongoing governmental activities. | 1 | 2013–2013 |
Johnson v. City of Edgerton
green
2 sentences2013Johnson, 207 Wis. 2d at 352 . 2013Johnson, 207 Wis. 2d at 352 . | 1 | 2013–2013 |
Waukesha County v. Steven H.
green
2 sentences2011Waukesha County v. Steven H., 2000 WI 28, ¶ 42 , 233 Wis. 2d 344 , 607 N.W.2d 607 ; Jodie W, 293 Wis. 2d 530 , ¶ 24 n.14. 2011Waukesha County v. Steven H., 2000 WI 28, ¶ 42 , 233 Wis. 2d 344 , 607 N.W.2d 607 ; Jodie W, 293 Wis. 2d 530 , ¶ 24 n.14. | 1 | 2011–2011 |
State v. Donohue
green
2 sentences2005Because he did not appeal the judgment, the principles of claim preclusion are operative to settle the question of whether the child support order was issued by a court of competent jurisdiction. 12 See State v. Donohue, 11 Wis. 2d 517, 523-24 , 105 N.W.2d 844 (1960). 2005Because he did not appeal the judgment, the principles of claim preclusion are operative to settle the question of whether the child support order was issued by a court of competent jurisdiction. 12 See State v. Donohue, 11 Wis. 2d 517, 523-24 , 105 N.W.2d 844 (1960). | 1 | 2005–2005 |
State v. Simpson
green
2 sentences2003Thus, in line with Albright , we consider the totality of the record in deciding whether [the defendant] appropriately waived his right to testify." Simpson, 185 Wis. 2d at 779 ; see also Wilson, 179 Wis. 2d at 672 n. 3. [28] ¶ 39. 2003Thus, in line with Albright , we consider the totality of the record in deciding whether [the defendant] appropriately waived his right to testify." Simpson, 185 Wis. 2d at 779 ; see also Wilson, 179 Wis. 2d at 672 n. 3. ¶ 39. | 1 | 2003–2003 |
State Ex Rel. B.S.L. v. Lee
green
2 sentences2002Id., 115 Wis. 2d at 619-620 , 340 N.W.2d at 570 . 2002Id., 115 Wis. 2d at 619-620 , 340 N.W.2d at 570 . | 1 | 2002–2002 |
Planned Parenthood of Southeastern Pa. v. Casey
red
2 sentences1997The majority opinion flies in the face of the long-standing principles of the doctrine of stare decisis. "[T]he doctrine of stare decisis. . . is a doctrine that demands respect in a society governed by the rule of law." Akron v. Akron Center for Reproductive Health, 462 U.S. 416, 419-20 (1983), overruled on other grounds by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). 1997The majority opinion flies in the face of the long-standing principles of the doctrine of stare decisis. "[T]he doctrine of stare decisis . . . is a doctrine that demands respect in a society governed by the rule of law." Akron v. Akron Center for Reproductive Health, 462 U.S. 416, 419-20 (1983), overruled on other grounds by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). | 1 | 1997–1997 |
State v. Stevens
green
2 sentences1997Such "fidelity to precedent" helps to ensure that the existing law will "not be abandoned without strong justification." State v. Stevens, 181 Wis. 2d 410, 441 , 511 N.W.2d 591 (1994) (Abrahamson, J., concurring), cert. denied, _ U.S. _, 115 S. Ct. 2245 (1995). 1997Such "fidelity to precedent" helps to ensure that the existing law will "not be abandoned without strong justification." State v. Stevens, 181 Wis. 2d 410, 441 , 511 N.W.2d 591 (1994) (Abrahamson, J., concurring), cert. denied, _ U.S. _, 115 S. Ct. 2245 (1995). | 1 | 1997–1997 |
Michigan v. Asher
green
2 sentences1997Such "fidelity to precedent" helps to ensure that the existing law will "not be abandoned without strong justification." State v. Stevens, 181 Wis. 2d 410, 441 , 511 N.W.2d 591 (1994) (Abrahamson, J., concurring), cert. denied, _ U.S. _, 115 S. Ct. 2245 (1995). 1997Such "fidelity to precedent" helps to ensure that the existing law will "not be abandoned without strong justification." State *162 v. Stevens, 181 Wis. 2d 410, 441 , 511 N.W.2d 591 (1994) (Abrahamson, J., concurring), cert. denied, ___ U.S. ___, 115 S. Ct. 2245 (1995). | 1 | 1997–1997 |
Black v. Ryder
green
1 sentence1995Nationwide, Inc., 15 F.3d 573 (6th Cir. 1994); Little v. Pizza Wagon, Inc., 423 So. 2d 1269 (Ala. 1983); Bagley v. Hughes A Bagley, Inc., 465 N.W.2d 551 (Iowa Ct. App. 1990); Scalzo v. City of Danbury, 617 A.2d 440 (Conn. 1992); Hofsommer v. Hofsommer Excavating, Inc., 488 N.W.2d 380 (N.D. 1992). 4 Further, there is no legislative suggestion that sec. 1983 claims are to be granted immunity from the principles of claim preclusion. | 1 | 1995–1995 |
Scalzo v. City of Danbury
green
1 sentence1995Nationwide, Inc., 15 F.3d 573 (6th Cir. 1994); Little v. Pizza Wagon, Inc., 423 So. 2d 1269 (Ala. 1983); Bagley v. Hughes A Bagley, Inc., 465 N.W.2d 551 (Iowa Ct. App. 1990); Scalzo v. City of Danbury, 617 A.2d 440 (Conn. 1992); Hofsommer v. Hofsommer Excavating, Inc., 488 N.W.2d 380 (N.D. 1992). 4 Further, there is no legislative suggestion that sec. 1983 claims are to be granted immunity from the principles of claim preclusion. | 1 | 1995–1995 |
Hofsommer v. Hofsommer Excavating, Inc.
green
1 sentence1995Nationwide, Inc., 15 F.3d 573 (6th Cir. 1994); Little v. Pizza Wagon, Inc., 423 So. 2d 1269 (Ala. 1983); Bagley v. Hughes A Bagley, Inc., 465 N.W.2d 551 (Iowa Ct. App. 1990); Scalzo v. City of Danbury, 617 A.2d 440 (Conn. 1992); Hofsommer v. Hofsommer Excavating, Inc., 488 N.W.2d 380 (N.D. 1992). 4 Further, there is no legislative suggestion that sec. 1983 claims are to be granted immunity from the principles of claim preclusion. | 1 | 1995–1995 |
Bagley v. Hughes A. Bagley, Inc.
green
1 sentence1995Nationwide, Inc., 15 F.3d 573 (6th Cir. 1994); Little v. Pizza Wagon, Inc., 423 So. 2d 1269 (Ala. 1983); Bagley v. Hughes A Bagley, Inc., 465 N.W.2d 551 (Iowa Ct. App. 1990); Scalzo v. City of Danbury, 617 A.2d 440 (Conn. 1992); Hofsommer v. Hofsommer Excavating, Inc., 488 N.W.2d 380 (N.D. 1992). 4 Further, there is no legislative suggestion that sec. 1983 claims are to be granted immunity from the principles of claim preclusion. | 1 | 1995–1995 |
State v. Albright
green
2 sentences1994Nonetheless, as we explained in Wilson , the principles of waiver set forth in State v. Albright, 96 Wis. 2d 122 , 291 N.W.2d 487 (1980), remain precedential law and, therefore, we are not in a position to mandate a new requirement concerning waiver of one's right to testify. 1994Nonetheless, as we explained in Wilson , the principles of waiver set forth in State v. Albright, 96 Wis. 2d 122 , 291 N.W.2d 487 (1980), remain precedential law and, therefore, we are not in a position to mandate a new requirement concerning waiver of one's right to testify. | 1 | 1994–1994 |
Byrd v. State
green
2 sentences1975In Byrd v. State (1974), 65 Wis. 2d 415, 424 , 222 N. W. 2d 696 , this court, under the rationale of equal protection, adopted the principles of this standard and held that a defendant must be given credit for time spent in custody prior to conviction to the extent that such time added to the sentence imposed exceeds the maximum sentence permitted for the offense. 1975In Byrd v. State (1974), 65 Wis. 2d 415, 424 , 222 N. W. 2d 696 , this court, under the rationale of equal protection, adopted the principles of this standard and held that a defendant must be given credit for time spent in custody prior to conviction to the extent that such time added to the sentence imposed exceeds the maximum sentence permitted for the offense. | 1 | 1975–1975 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.