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SCOCOS v. STATE DEPT. OF VETERAN AFFAIRS

No. 2011AP1178.

819 N.W.2d 360 (2012)

2012 WI App 81

John A. SCOCOS, Plaintiff-Respondent, v. STATE of Wisconsin DEPARTMENT OF VETERAN AFFAIRS, Marvin J. Freedman, Marcia M. Anderson, David F. Boetcher, Jacqueline A. Guthrie, Rodney C. Moen, Peter J. Moran and Daniel J. Naylor in their Official Capacities as Members of the Board of the Department of Veterans Affairs, Defendants-Appellants.

Court of Appeals of Wisconsin.

June 28, 2012.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Steven C. Kilpatrick , assistant attorney general, and J.B. Van Hollen , attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James R. Troupis and Sarah E. Troupis of Troupis Law Office, LLC, Middleton.

A nonparty brief was filed by Lester A. Pines and Theresa R. Gabriel of Cullen Weston Pines & Bach LLP, Madison, for AMVETS.

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

LUNDSTEN, P.J.

¶ 1 After John Scocos returned to state service in 2009 as the Secretary of the Wisconsin Department of Veterans Affairs, following his military service in Iraq, Scocos was removed by a vote of the Department of Veterans Affairs Board. Thereafter, Scocos sued the Department and board members, alleging violations of WIS. STAT. § 321.64(2)1 and federal law. The State moved to dismiss claims based on § 321.64...

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