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LINDAS v. CADY

No. 86-1910.

142 Wis.2d 857 (1987)

419 N.W.2d 345

Kathleen LINDAS, Plaintiff-Appellant, v. Elmer CADY and Robert Hable, Defendants, State of Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 30, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Jeff Scott Olson and Julian & Olson, S.C., of Madison.

For the defendants-respondents the cause was submitted on the brief of Donald J. Hanaway, attorney general, and David C. Rice, assistant attorney general.

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

DYKMAN, J.

Kathleen Lindas appeals from an order dismissing her 42 U.S.C. sec. 19831 and Title VII actions against the Department of Health and Social Services (DHSS). The dispositive issues2 are whether Wisconsin is immune from sec. 1983 and Title VII actions under the doctrine of sovereign immunity and whether DHSS, as a state agency, shares in that immunity.

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