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STATE EX REL. CASTANEDA v. WELCH

No. 2004AP3306.

735 N.W.2d 131 (2007)

2007 WI 103

STATE ex rel. Jose CASTANEDA, Plaintiff-Respondent, v. Woody WELCH, Chairman, Milwaukee Fire and Police Commission, Eric Mandel Johnson, Vice Chair, Milwaukee Fire and Police Commission, Carla Y. Cross, Leonard J. Sobczak, Ernesto A. Baca, Members of the Milwaukee Fire and Police Commission, David L. Heard, Executive Director and Milwaukee Fire and Police Commission, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided July 17, 2007.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Grant F. Langley, city attorney, Bruce D. Schrimpf, assistant city attorney, and Maurita Houren, assistant city attorney, Milwaukee, and oral argument by Bruce D. Schrimpf.

For the plaintiff-respondent there was a brief by John F. Ebbott, Ness Flores, and Legal Action of Wisconsin, Inc., Milwaukee, and oral argument by John F. Ebbott.

An amicus curiae brief was filed by John Celichowski, and Prov. of St. Joseph of the Capuchin Order, Milwaukee, and Karyn L. Rotker, Laurence J. Dupis, and ACLU of Wisconsin Foundation, Inc., Milwaukee.

ON CERTIFICATION FROM THE COURT OF APPEALS

¶ 1 DAVID T. PROSSER, J.

This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2005-06).1 It concerns the aftermath of allegedly excessive conduct at a police raid in Milwaukee in September 2002.

¶ 2 Wisconsin Stat. § 62.50(19) authorizes an aggrieved person to file a complaint against a member of the...

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