DOE v. ELLIS

No. 80-1772.

103 Wis.2d 581 (1981)

309 N.W.2d 375

John DOE, Plaintiff-Appellant, v. Michael ELLIS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 17, 1981.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Cheryl Rosen Weston and Cullen & Weston of Madison, and Conrad H. Johnson and Schlotthauer, Johnson, Mohs, MacDonald & Widder of Madison.

For the defendant-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Charles R. Larsen, assistant attorney general.

Before Gartzke, P.J., Bablitch, J., and Dykman, J.


DYKMAN, J.

This action is for invasion of privacy. Plaintiff appeals from an order dismissing his complaint on the ground that the court lacked jurisdiction and that the complaint failed to state a claim upon which relief can be granted. The dispositive issue on appeal is whether the trial court was correct in concluding that plaintiff was required to serve notice of his claim upon the attorney general pursuant to sec. 895.45, Stats. (1977),1

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