justification immunity (Wisconsin) · Go Syfert
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justification immunity in Wisconsin

8 Wisconsin opinions name it 2 courts 1980–2023 1 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.

Followed or applied (3)

CaseFollowedCited
Department of Natural Resources v. Wisconsin Court of Appeals, District IVgreen
wis · 2018 · cited in 2 Wisconsin opinions naming this issue, 2018–2018
2 sentences

2018See DNR , 380 Wis. 2d 354 , ¶ 30, 909 N.W.2d 114 ("When the legislature uses a particular word more than once in an act, we understand it to carry the same meaning each time, absent textual or structural clues to the contrary."). ¶ 21 Even if the justification for the waiver abatement language in the Crime Victim/Witness statute were less than clear, still it would engender no doubt about the proper meaning of "shall" in the DNA Surcharge statute.

2018See DNR , 380 Wis. 2d 354 , ¶ 30, 909 N.W.2d 114 ("When the legislature uses a particular word more than once in an act, we understand it to carry the same meaning each time, absent textual or structural clues to the contrary."). ¶ 21 Even if the justification for the waiver abatement language in the Crime Victim/Witness statute were less than clear, still it would engender no doubt about the proper meaning of "shall" in the DNA Surcharge statute.

22
Gregoire v. Biddlegreen
ca2 · 1949 · cited in 1 Wisconsin opinions naming this issue, 1980–1980
2 sentences

1980See, e.g., Gurganious v. Simpson, 213 N.C. 613 , 197 S.E. 163 (1938); Crenshaw v. O'Connell, 235 Mo. App. 1085 , 150 S.W.2d 489 (1941); Rupp v. Jackson, 238 So.2d 86 (Fla. 1970). [27] The justification for this immunity, as stated by Judge Learned Hand in Gregoire v. Biddle, 177 F.2d 579, 581 (2d Cir. 1949), is that "it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute

1980The justification for this immunity, as stated by Judge Learned Hand in Gregoire v. Biddle, 177 F.2d 579, 581 (2d Cir. 1949), is that “it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute, or the most irresponsible, in the unflinching discharge of their duties. ...

11
Gurganious v. . Simpsongreen
nc · 1938 · cited in 1 Wisconsin opinions naming this issue, 1980–1980
2 sentences

1980See, e.g., Gurganious v. Simpson, 213 N.C. 613 , 197 S.E. 163 (1938); Crenshaw v. O'Connell, 235 Mo. App. 1085 , 150 S.W.2d 489 (1941); Rupp v. Jackson, 238 So.2d 86 (Fla. 1970). [27] The justification for this immunity, as stated by Judge Learned Hand in Gregoire v. Biddle, 177 F.2d 579, 581 (2d Cir. 1949), is that "it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute

1980See, e.g., Gurganious v. Simpson, 213 N.C. 613 , 197 S.E. 163 (1938); Crenshaw v. O'Connell, 235 Mo. App. 1085 , 150 S.W.2d 489 (1941); Rupp v. Jackson, 238 So.2d 86 (Fla. 1970). [27] The justification for this immunity, as stated by Judge Learned Hand in Gregoire v. Biddle, 177 F.2d 579, 581 (2d Cir. 1949), is that "it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Bies v. State green
wis · 1977
2 sentences

1980As we stated in Bies v. State, 76 Wis.2d 457 , 251 N.W.2d 461 (1977), “The ultimate standard under the Fourth Amendment is the reasonableness of the search or seizure in light of the facts and circumstances of the case.

1980As we stated in Bies v. State, 76 Wis.2d 457 , 251 N.W.2d 461 (1977), “The ultimate standard under the Fourth Amendment is the reasonableness of the search or seizure in light of the facts and circumstances of the case.

21980–1980
Ferguson v. Georgia green
scotus · 1961
1 sentence

2023Id. at 573 .

12023–2023
Jacque v. Steenberg Homes, Inc. green
wis · 1997
1 sentence

2016Id. at 617 . "[B]oth the individual and society have significant interests in deterring intentional trespass to land, regardless of the lack of measurable harm that results." Id. ¶ 25.

12016–2016
Demge v. Feierstein green
wis · 1936
2 sentences

1984This constituted a sub silentio overruling of Demge v. Feierstein, 222 Wis. 199 , 268 N.W. 210 (1936); Seibel v. Leach, 233 Wis. 66 , 288 N.W. 774 (1939), and Farmers Mutual Automobile Ins.

1984This constituted a sub silentio overruling of Demge v. Feierstein, 222 Wis. 199 , 268 N.W. 210 (1936); Seibel v. Leach, 233 Wis. 66 , 288 N.W. 774 (1939), and Farmers Mutual Automobile Ins.

11984–1984
Seibel v. Leach yellow
wis · 1939
2 sentences

1984This constituted a sub silentio overruling of Demge v. Feierstein, 222 Wis. 199 , 268 N.W. 210 (1936); Seibel v. Leach, 233 Wis. 66 , 288 N.W. 774 (1939), and Farmers Mutual Automobile Ins.

1984This constituted a sub silentio overruling of Demge v. Feierstein, 222 Wis. 199 , 268 N.W. 210 (1936); Seibel v. Leach, 233 Wis. 66 , 288 N.W. 774 (1939), and Farmers Mutual Automobile Ins.

11984–1984
Rupp v. Jackson green
fla · 1970
1 sentence

1980See, e.g., Gurganious v. Simpson, 213 N.C. 613 , 197 S.E. 163 (1938); Crenshaw v. O'Connell, 235 Mo. App. 1085 , 150 S.W.2d 489 (1941); Rupp v. Jackson, 238 So.2d 86 (Fla. 1970). [27] The justification for this immunity, as stated by Judge Learned Hand in Gregoire v. Biddle, 177 F.2d 579, 581 (2d Cir. 1949), is that "it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute

11980–1980
Crenshaw v. O'Connell green
moctapp · 1941
2 sentences

1980See, e.g., Gurganious v. Simpson, 213 N.C. 613 , 197 S.E. 163 (1938); Crenshaw v. O'Connell, 235 Mo. App. 1085 , 150 S.W.2d 489 (1941); Rupp v. Jackson, 238 So.2d 86 (Fla. 1970). [27] The justification for this immunity, as stated by Judge Learned Hand in Gregoire v. Biddle, 177 F.2d 579, 581 (2d Cir. 1949), is that "it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute

1980See, e.g., Gurganious v. Simpson, 213 N.C. 613 , 197 S.E. 163 (1938); Crenshaw v. O'Connell, 235 Mo. App. 1085 , 150 S.W.2d 489 (1941); Rupp v. Jackson, 238 So.2d 86 (Fla. 1970). [27] The justification for this immunity, as stated by Judge Learned Hand in Gregoire v. Biddle, 177 F.2d 579, 581 (2d Cir. 1949), is that "it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute

11980–1980

Statutes the citing opinions construe

WI § Wis. Stat. § 940.225 (3) WI § Wis. Stat. § 948.02 (3)

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.

Where else courts name it

NY 794 (1925–2026) GA 229 (1978–2026) TX 184 (1958–2026) PA 118 (1979–2026) AZ 89 (1963–2026) CA 77 (1930–2026) IA 62 (1979–2026) IL 57 (1937–2025) OH 35 (1910–2024) AR 34 (1979–2026) CT 33 (1975–2026) NJ 32 (1908–2022) HI 30 (1981–2025) LA 27 (1984–2025) FL 27 (1968–2025) OR 27 (1898–2024) NC 26 (1981–2026) MA 24 (1976–2024) MO 23 (1975–2025) WA 21 (1974–2026) MD 17 (1967–2019) MI 17 (1974–2026) WY 16 (1981–2024) RI 15 (1988–2019) DC 14 (1970–2025) ME 12 (1987–2026) MN 12 (1984–2024) DE 10 (1976–2025) UT 10 (1994–2026) NH 10 (1982–2024) VA 10 (1991–2024) CO 9 (1952–2020) AL 9 (1909–2025) TN 8 (1996–2025) WI 8 (1980–2023) KY 8 (1951–2024) WV 7 (1928–2010) KS 7 (1990–2019) IN 7 (1969–2020) NE 5 (2005–2026) NM 5 (1999–2019) SD 5 (1981–2025) AK 5 (1988–2025) VT 4 (1979–2025) SC 4 (1980–2023) MS 4 (1984–1997) ND 3 (1993–2007) ID 2 (1999–2000) NV 2 (1991–1995)

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.

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