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BROOME v. STATE DEPT. OF CORRECTIONS

No. 2010AP577.

794 N.W.2d 505 (2010)

2010 WI App 176

Connie A. BROOME p/k/a Connie A. Ingersol, Plaintiff-Appellant, v. STATE of Wisconsin DEPARTMENT OF CORRECTIONS and Lee Thao, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed November 24, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James Kurth of James Kurth, S.C. , Wausau.

On behalf of the defendants-respondents, the cause was submitted on the brief of John J. Glinski , assistant attorney general, and J.B. Van Hollen , attorney general.

Before VERGERONT, P.J., LUNDSTEN and BLANCHARD, JJ.

VERGERONT, P.J.

¶ 1 Gary Weisenberger shot and seriously injured Connie Broome while he was out of jail on work release. The circuit court dismissed her negligence action against Leo Thao, a probation and parole agent employed by the Department of Corrections (DOC). The circuit court concluded that the complaint did not adequately allege a violation of a ministerial duty, which is an exception to the common law doctrine of immunity for state employees. For the...

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