DOMKA v. PORTAGE COUNTY, WIS.

No. 07-2984.

523 F.3d 776 (2008)

James DOMKA, Plaintiff-Appellant, v. PORTAGE COUNTY, WISCONSIN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 24, 2008.


Attorney(s) appearing for the Case

Jeff Scott Olson (argued), Madison, WI, for Plaintiff-Appellant.

Michael J. Modl (argued), Madison, WI, for Defendant-Appellee.

Before MANION, ROVNER and WILLIAMS, Circuit Judges.


ROVNER, Circuit Judge.

As a result of James Domka's plea bargain following his third-offense arrest for driving under the influence, his sentence included work-release privileges (known in Wisconsin as "Huber privileges") and the opportunity to serve the majority of his jail time at home under Portage County's Home Detention Program ("HDP"). While under the HDP, Domka registered a positive alcohol reading on a Sobrietor, an alcohol breath-test machine connected to...

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