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KEMPFER v. EVERS

No. 85-1117.

133 Wis.2d 415 (1986)

395 N.W.2d 812

Dennis J. KEMPFER, Plaintiff-Appellant, v. Raymond H. EVERS, M.D., Superintendent and Medical Director, Rocky Knoll Sanatorium and Hospital; Jerry Coppel, employed by Department of Public Welfare, Division for Children and Youth; Paul M. Weisel, Chairman, Patient Admission and Placement Planning Committee, Southern Wisconsin Colony; John M. Garstecki, Superintendent, Sougth Wisconsin Colony; Marvin J. Steffen, Cottage Supervisor, Southern Wisconsin Colony; Phillip E. Podruch, employed by Southern Wisconsin Colony; Arol Kern, Supervisor of Cottage 4, Southern Wisconsin Colony, Defendants-Respondents, Edward E. HOUFEK, M.D., employed by the Juvenile Court of Sheboygan County; Eugene R. Neeff, Chief Social Worker, Southern Wisconsin Colony; Wisconsin Department of Health and Social Services; State Department of Public Instruction, Bureau for Handicapped Children, and Certain Other Unknown Defendants, Defendants.

Court of Appeals of Wisconsin.

Decided September 18, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of Patricia K. Hammel, of Madison.

For the defendants-respondents, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Waltraud A. Arts, assistant attorney general.

For the defendant-respondent, Raymond H. Evers, M.D., the cause was submitted on the brief of Alexander Hopp, of Sheboygan.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

Dennis J. Kempfer appeals from an order dismissing his damage action against several state officers and employees. The action was brought under the Federal Civil Rights Act, 42 U.S.C. sec. 1983 (1982), based on Kempfer's claim that the defendants violated his constitutional rights between 1962 and 1973 when he was institutionalized in various state mental health facilities. The issue is whether the action is barred...

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