FELDER v. CASEY

Citation Codes

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Docket Number

No. 85-1344.

Acts

The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights

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Smart Summary

Factual and Procedural Background

This per curiam order concerns post-appeal proceedings in Bobby Felder v. Duane Casey et al. The court's prior decision reversing the court of appeals was itself reversed by the United States Supreme Court. This court issued an order on August 23, 1988, vacating the mandate filed June 24, 1987, and affirming the decision of the court of appeals. Motions for reconsideration were thereafter filed by plaintiff-appellant-cross respondent-cross petitioner Bobby Felder and by the defendants-respondents-cross appellants-petitioners. The court granted the motions, withdrew its August 23, 1988 order, vacated the June 24, 1987 mandate, affirmed the court of appeals insofar as it addressed the applicability of sec. 893.80 to federal civil rights actions brought in state court, and directed further briefing on specified issues with an imposed briefing schedule.

Legal Issues Presented

What is the proper statute of limitations to be applied in this case?
Whether the existence of post-deprivation state tort remedies precluded the institution of plaintiff's action under 42 U.S.C. § 1983?
Whether plaintiff's claims against defendants Michael Kempfer and Gary Hoffman should be reinstated?

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
139 Wis.2d 614, 408 N.W.2d 19 (1987)	This information was not available in the provided opinion.	Referenced as an original report of this matter.
145 Wis.2d 631, 427 N.W.2d 854 (1988)	This information was not available in the provided opinion.	Referenced as an original report of this matter.

Court's Reasoning and Analysis

The opinion is a per curiam order reflecting post-remand procedural dispositions rather than extended legal analysis. The court noted that its earlier reversal of the court of appeals had been reversed by the United States Supreme Court. After considering the parties' motions for reconsideration, the court granted those motions, withdrew its August 23, 1988 order, and vacated the mandate filed June 24, 1987. The court expressly affirmed the court of appeals' decision only insofar as that decision addressed the applicability of sec. 893.80 to federal civil rights actions brought in state court. Because further matters remained unresolved, the court directed the parties to file briefs on (1) the proper statute of limitations, (2) whether post-deprivation state tort remedies precluded a § 1983 action, and (3) whether claims against two named defendants should be reinstated, and it set a precise briefing schedule for those submissions.

Holding and Implications

The court affirmed the decision of the court of appeals insofar as it addressed the applicability of sec. 893.80 to federal civil rights actions brought in state court.

Direct consequences: the court granted the parties' motions for reconsideration, withdrew its August 23, 1988 order, vacated the June 24, 1987 mandate, and ordered further briefing on three specified legal issues with a set schedule (petitioners' briefs within 30 days, respondents' responses within 20 days thereafter, and petitioners' replies within 10 days thereafter). The opinion does not discuss broader legal implications or state that a new precedent is being created.

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Bobby FELDER, Plaintiff-Appellant-Cross Respondent-Cross Petitioner, v. Duane CASEY, Patrick Eaton, Robert Farkas, Peter Pochowski, Robert Connolly, Edward Heideman, Stanley Olsen, Roger Weber, Michael Kempfer and Gary Hoffman, Defendants-Respondents-Cross Appellants-Petitioners.

(Originally reported at 139 Wis.2d 614, 408 N.W.2d 19 (1987), 145 Wis.2d 631, 427 N.W.2d 854 (1988).)

PER CURIAM ORDER.

The decision of this court reversing the decision of the court of appeals having been reversed by the United States Supreme Court; and this court having issued an order on August 23, 1988, vacating the mandate filed on June 24, 1987, and affirming the decision of the court of appeals; and

The court having considered motions for reconsideration filed by plaintiff-appellant-cross respondent-cross petitioner, Bobby Felder, and filed by defendants-respondents-cross appellants-petitioners, Duane Casey, Patrick Eaton, Robert Farkas, Peter Pochowski, Robert Connolly, Edward Heideman, Stanley Olson, Roger Weber, Michael Kempfer and Gary Hoffman,

IT IS ORDERED that the motions for reconsideration are granted; and

IT IS FURTHER ORDERED that the order previously issued by this court on August 23, 1988, is withdrawn; and

IT IS FURTHER ORDERED that the mandate filed on June 24, 1987, in this matter is vacated; and

IT IS FURTHER ORDERED that the decision of the court of appeals is affirmed insofar as it addressed the applicability of sec. 893.80 to federal civil rights actions brought in state court; and

IT IS FURTHER ORDERED that the parties shall serve and file briefs in this court on the following issues: (1) the proper statute of limitations to be applied in this case, (2) whether the existence of post-deprivation state tort remedies precluded the institution of plaintiffs action under 42 U.S.C. § 1983, and (3) whether plaintiffs claims against defendants Michael Kempfer and Gary Hoffman should be reinstated; and

IT IS FURTHER ORDERED that the following briefing schedule be followed in this case:

(1) Both parties (as petitioners) shall serve and file their respective briefs in this court within 30 days of the date of this order;

(2) Both parties (as respondents) shall within 20 days thereafter serve and file their response to the petitioners' briefs;

(3) Both parties (as petitioners) shall within 10 days thereafter serve and file their reply, if any, to the other party's response to its brief as petitioner.