Wisconsin Statutes

Wis. Stat. § 46.017 (2026)

Legal actions

✓ current as of July 2026
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46.01746.017Legal actions. The department may sue and be sued.
Notes of Decisions
Cited in 5 cases, 1975–2015 · leading case: Adam R. Mayhugh v. State of Wisconsin, 2015 WI 77 (Wis. 2015).
Adam R. Mayhugh v. State of Wisconsin, 2015 WI 77 (Wis. 2015). · cites it 13× “Simply put, the majority's reliance on Lindas for its conclusion that "sue and be sued" is not a waiver of sovereign immunity is misplaced because Lindas examined the "sue and be sued" language in Wis. Stat. § 46.017 (1979-80) which applied to the Department of Health and Social…”
Pharmacists Soc'y of Milwaukee Cnty., Inc. v. Dep't of Health & Soc. Servs., 79 F.R.D. 405 (E.D. Wis. 1978). · cites it 8× “Plaintiff cites Wis.Stat. § 46.017 (West. Supp.1977-78) which states “[t]he department may sue and be sued.”
Lindas v. Cady, 419 N.W.2d 345 (Wis. Ct. App. 1987). · cites it 6× “Lindas amended her complaint and added a claim of discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e. 6 The trial court granted DHSS’s motion to dismiss because the sec.”
Gibson v. Wisconsin Dep't of Health, 489 F. Supp. 1048 (E.D. Wis. 1980). · cites it 6× “In Weidenfeiler, the Court held that the Wisconsin legislature waived sovereign immunity by passing § 46.017 of the Wisconsin Statutes which provides that the DHSS “may sue and be sued.”
Weidenfeller v. Kudulis, 392 F. Supp. 967 (E.D. Wis. 1975). · cites it 7× “Section 46.017 of the Wisconsin Statutes (1971) provides: “The department [department of health and social services] may sue and be sued.”
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