upheld immunity (Wisconsin) · Go Syfert
← Wisconsin issues

upheld immunity in Wisconsin

7 Wisconsin opinions name it 3 courts 1979–2013 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.

Followed or applied (3)

CaseFollowedCited
Pell v. Procuniergreen
scotus · 1974 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
1 sentence

1996See also Pell, 417 U.S. at 827 , where, as we noted, supra note 6, the Court upheld a rule prohibiting press and media interviews with individual prisoners as "peculiarly within" the discretion and professional expertise of prison officials. 18 We think Lomax's knowledge in this regard is significant because he was found to have violated DOC rules regarding the conduct of prisoners and safety concerns within the prison.

11
Wray v. Stategreen
wisctapp · 1978 · cited in 1 Wisconsin opinions naming this issue, 1979–1979
2 sentences

1979In Wray v. State, 87 Wis.2d 367, 374 , 275 N.W.2d 731, 734 (Ct. App. 1979), this court upheld the standard jury instruction as to party to a crime, holding: “Under the law of accomplice liability, sec. 939.05, Stats., it is immaterial to the offense whether its commission by Wray was direct or indirect.

1979In Wray v. State, 87 Wis.2d 367, 374 , 275 N.W.2d 731, 734 (Ct. App. 1979), this court upheld the standard jury instruction as to party to a crime, holding: “Under the law of accomplice liability, sec. 939.05, Stats., it is immaterial to the offense whether its commission by Wray was direct or indirect.

11
United States v. Charles Lidge Bolts and Joe Dee Hicksgreen
ca5 · 1977 · cited in 1 Wisconsin opinions naming this issue, 1979–1979
1 sentence

1979Common law accomplice liability has given way to statutory reform.” *278 This interpretation of our state statute was found to be consistent with the reasoning- and result reached by the federal court of appeals in United States v. Gipson, 553 F.2d 453 (5th Cir. 1977), and, we would add, confirmed by the post-Gipson holding in United States v. Bolts, 558 F.2d 316, 320, 321 (5th Cir. 1977).

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
Imbler v. Pachtman green
scotus · 1976
2 sentences

1984In Martinez the Court stated: "Although a sec. 1983 claim has been described as `a species of tort liability,' Imbler v. Pachtman, 424 U.S. 409, 417 , it is perfectly clear that not every injury in which a state official has played some part is actionable under that statute." 444 U.S. at 285 .

1984In Martinez the Court stated: “Although a sec. 1988 claim has been described as ‘a species of tort liability,’ Imbler v. Pachtman, 424 U.S. 409, 417 , it is perfectly clear that not every injury in which a state official has played some part is actionable under that statute.” 444 U.S. at 285 .

21984–1984
Martinez v. California green
scotus · 1980
2 sentences

1984In spite of this conduct of the parole board, alleged to have been not merely negligent but reckless, the court upheld the immunity statute as having "a rational relationship between the state's purposes and the statute." Id. at 282 .

1984In spite of this conduct of the parole board, alleged to have been not merely negligent but reckless, the court upheld the immunity statute as having “a rational relationship between the state’s purposes and the statute.” Id. at 282 .

21984–1984
Imposition of Sanctions in Alt v. Cline green
wis · 1999
1 sentence

2013In Burnett v. Alt, our supreme court determined that experts have a privilege that prevents them from being forced to testify absent "compelling circumstances." Burnett, 224 Wis. 2d at 89 .

12013–2013
Gagnon v. Scarpelli red
scotus · 1973
1 sentence

2001Harris v. Schynidt, 69 Wis. 2d 668, 683-84 , 230 N.W.2d 890 (1975), in which the court upheld a hearing examiner's finding of good cause after both concluding that the hearsay evidence met the excited utterance exception under Wis. Stat. § 908.03 and that it was reasonable not to produce the witness because of the nature of the *228 charge (sexual assault) and the age of the alleged victim (five years old).4 Further, the Court in Gagnon specifically alluded to "the difficulty and expense of procuring witnesses" as a factor to consider with respect to a probationer's right to confront adverse w

12001–2001
State Ex Rel. Harris v. Schmidt green
wis · 1975
2 sentences

2001Harris v. Schynidt, 69 Wis. 2d 668, 683-84 , 230 N.W.2d 890 (1975), in which the court upheld a hearing examiner's finding of good cause after both concluding that the hearsay evidence met the excited utterance exception under Wis. Stat. § 908.03 and that it was reasonable not to produce the witness because of the nature of the *228 charge (sexual assault) and the age of the alleged victim (five years old).4 Further, the Court in Gagnon specifically alluded to "the difficulty and expense of procuring witnesses" as a factor to consider with respect to a probationer's right to confront adverse w

2001Harris v. Schynidt, 69 Wis. 2d 668, 683-84 , 230 N.W.2d 890 (1975), in which the court upheld a hearing examiner's finding of good cause after both concluding that the hearsay evidence met the excited utterance exception under Wis. Stat. § 908.03 and that it was reasonable not to produce the witness because of the nature of the *228 charge (sexual assault) and the age of the alleged victim (five years old).4 Further, the Court in Gagnon specifically alluded to "the difficulty and expense of procuring witnesses" as a factor to consider with respect to a probationer's right to confront adverse w

12001–2001
State ex rel. Van Alstine v. Frear green
wis · 1910
2 sentences

1979Van Alstine v. Frear , 142 Wis. 320 , 125 N.W. 961 (1910), the court upheld a requirement that candidates declare whether they are qualified to serve on the ground that the voter's ballot would be useless if the candidate could not serve.

1979Van Alstine v. Frear , 142 Wis. 320 , 125 N.W. 961 (1910), the court upheld a requirement that candidates declare whether they are qualified to serve on the ground that the voter's ballot would be useless if the candidate could not serve.

11979–1979
United States v. Franklin Delano Gipson green
ca5 · 1977
1 sentence

1979Common law accomplice liability has given way to statutory reform.” *278 This interpretation of our state statute was found to be consistent with the reasoning- and result reached by the federal court of appeals in United States v. Gipson, 553 F.2d 453 (5th Cir. 1977), and, we would add, confirmed by the post-Gipson holding in United States v. Bolts, 558 F.2d 316, 320, 321 (5th Cir. 1977).

11979–1979

Statutes the citing opinions construe

USC § 42u.s.c.1983 (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

CA 35 (1904–2024) WA 18 (1924–2014) TX 17 (1889–2017) MD 15 (1978–2026) IL 14 (1913–2024) NY 12 (1939–2017) MI 12 (1930–2020) LA 12 (1974–2013) MO 10 (1921–2018) NJ 9 (1965–2021) TN 9 (1998–2023) PA 7 (1944–2025) OK 7 (1916–1988) WI 7 (1979–2013) OH 6 (1973–2020) SD 6 (1927–2011) CT 6 (1977–1999) MS 6 (1909–2000) GA 5 (1902–2024) AR 5 (1989–2005) ID 5 (1971–2016) IN 5 (1961–1998) NM 5 (1981–2012) KY 5 (1912–2021) MT 5 (1972–2013) FL 4 (1974–1992) ND 4 (1919–2009) KS 4 (1936–2004) NC 4 (1949–1999) OR 4 (1970–2025) AL 3 (1931–1988) WV 3 (1911–2020) HI 3 (1927–2003) VT 3 (1990–2011) IA 3 (1943–1985) MA 3 (1990–2002) UT 2 (1993–2020) MN 2 (1991–2016) DE 2 (2010–2015) NV 2 (1965–1991) VA 2 (1952–2009) AZ 2 (1989–1999)

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.

← Caselaw search · G Cite Topics · Brief Check