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SWATEK v. COUNTY OF DANE

No. 92-1902.

192 Wis.2d 47 (1995)

531 N.W.2d 45

William J. SWATEK, Plaintiff-Appellant, v. COUNTY OF DANE and Richard Raemisch, Sheriff, Defendants-Respondents-Petitioners, COUNTY OF JUNEAU, Orlando Bellini, Sheriff and City of Elroy, Defendants-Respondents, Steven L. OWEN, William F. McCreedy, Lynn Almquist, Monona Grove Clinic, S.C., Wisconsin Municipal Mutual Insurance company, Defendants, WISCONSIN COUNTY MUTUAL INSURANCE CORPORATION, Defendant-Respondent, SCOTTSDALE INSURANCE COMPANY, Defendant.

Supreme Court of Wisconsin.

Decided April 24, 1995.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by John M. Moore, David J. Pliner and Bell, Metzner, Gierhart & Moore, S.C., Madison and oral argument by John M. Moore.

For the plaintiff-appellant there was a brief and oral argument by Jeffrey D. Knickmeier, Stoughton.

Amicus curiae brief was filed by Charles D. Hoornstra, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

WILCOX, J.

This is a review of an unpublished decision of the court of appeals. The court of appeals reversed a circuit court ruling wherein Juneau County Circuit Court Judge Wallace A. Brady dismissed William J. Swatek's state-law negligence claim against Dane County and its sheriff, Richard Raemisch (Petitioners). On review, we consider the following issues:

1. What was the legislature's intent in enacting sec. 302.38(1), Stats.? 2. Did the court...

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