CHRISTENSEN v. SULLIVAN

No. 2006AP803.

768 N.W.2d 798 (2009)

2009 WI 87

Milton J. CHRISTENSEN, Alisa Jamieson, Erika Henderson, William Noggle and Troy Briggs and all others similarly situated, Plaintiffs-Appellants, v. Michael J. SULLIVAN, Robert Kliesmet and Lev Baldwin, Defendants, Milwaukee County and David A. Clarke, Jr., Milwaukee County Sheriff, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided July 21, 2009.


Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by William J. Domina, Milwaukee County Corporation Counsel, John E. Schapekahm, Principal Assistant Corporation Counsel, Milwaukee; and Charles H. Bohl, Nathan A. Fishbach, Andrew A. Jones, and Whyte Hirschboeck Dudek, S.C., Milwaukee, and oral argument by Andrew A. Jones.

An amicus curiae brief was filed by Lori M. Lubinsky, Timothy D. Edwards, and Axley Brynelson, LLP, Madison, on behalf of the Wisconsin Counties Association.

For the plaintiffs-appellants there was a brief by Peter M. Koneazny, litigation director for the Legal Aid Society of Milwaukee, Inc., Milwaukee; Patrick O. Patterson, Law Office of Patrick O. Patterson, S.C., Fox Point, Cooperating Counsel for Legal Aid Society of Milwaukee, Inc. and ACLU of Wisconsin Foundation, Inc.; and Laurence Dupuis, legal director, American Civil Liberties Union of Wisconsin Foundation, Inc., Milwaukee; and oral argument by Patrick O. Patterson.

An amicus curiae brief was filed by Pamela R. McGillivray, Carlos A. Pabellon, Madison, on behalf of Robert J. Martineau, Gordon G. Myse, David Schwartz, Vincent M. Nathan, and Pamela Susan Karlan.

An amicus curiae brief was filed by Grant F. Langley, City Attorney, Rudolph M. Konrad, Deputy City Attorney, and Stuart S. Mukamal, Assistant City Attorney, Milwaukee, on behalf of The City of Milwaukee.

An amicus curiae brief was filed by Daniel J. La Fave, Cheri L. Baden, and Quarles & Brady LLP, Milwaukee, on behalf of The Benedict Center, Disability Rights Wisconsin and the Milwaukee Branch of the National Association for the Advancement of Colored People.


¶ 1 DAVID T. PROSSER, J.

¶ This is a review of a published decision of the court of appeals, Christensen v. Sullivan, 2008 WI App 18, 307 Wis.2d 754, 746 N.W.2d 553.

¶ 2 The decision reversed a 2006 order of the Milwaukee County Circuit Court, Clare L. Fiorenza, Judge, denying the plaintiffs' motion for monetary damages as a remedial sanction for the defendants' repeated violations of a Consent Decree...

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