[Download] "Frederick Rogers v. Dept of Corrections" by State of Wisconsin in Court of Appeals District IV # eBook PDF Kindle ePub Free

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eBook details

• Title: Frederick Rogers v. Dept of Corrections
• Author : State of Wisconsin in Court of Appeals District IV
• Release Date : January 09, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

1 Frederick Rogers appeals an order that dismissed his small claims complaint against the Department of Corrections. Rogers claims the circuit court erred in dismissing this action on sovereign immunity grounds because his "action is against a[n] employee of the Department of Corrections." He also asserts that, at issue, is the employees breach of a ministerial duty, not a discretionary act, and further that the departments motion to dismiss was not timely filed and was filed improperly by fax. Because Rogers served the summons and complaint on the department but not on the individual employee he identifies as culpable, we conclude the circuit court did not err in dismissing this action on sovereign immunity grounds. Further, we find no basis in the record to conclude that the departments motion to dismiss was either untimely or improperly filed. Finally, our conclusion that sovereign immunity bars this action makes it unnecessary for us to determine whether Rogers claim alleges the breach of a ministerial duty, as opposed to the negligent performance of a discretionary act. We affirm.

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