Search: summary judgment

Dane County DHS v. J.D., 2015AP1800, District 4, 11/19/2015 (one-judge decision; ineligible for publication); case activity One of the statutory grounds for a finding of unfitness leading to termination of parental rights is the court-ordered denial of placement or visitation for at least one year. Wis. Stat. § 48.415(4). In Dane County DHS v. P. P., 2005 WI… Read more

A.N. v. F.S., 2015AP1405 & 2015AP1406, District 3, 10/2/15 (one-judge decision; ineligible for publication); case activity A circuit court handling a TPR case is not required to make an explicit finding that a parent is unfit before proceeding to the dispositional phase because a finding of unfitness automatically follows from a finding there are grounds to… Read more

Louise Milan v. Billy Bolin, et al., 7th Circuit Court of Appeals No. 15-1207, 7/31/15 Police officers who conducted a SWAT raid on the wrong home weren’t entitled to qualified immunity because of their “insouciance” about another, more probable suspect of the crime being investigated and “the perfunctory nature of their investigation before the search….” (Slip op… Read more

Winnebago County DHS v. Ashley A.O., 2014AP2404, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity A circuit court may not enter a summary judgment finding a parent unfit during the grounds phases of a TPR proceeding when that finding is based on an order denying the parent physical placement due to his (or her) incarceration. Alandria’s father was convicted… Read more

Green County DHS v. Barret W.S., 2014AP1155, District 4, 8/14/14 (1-judge; ineligible for publication); case activity The circuit court didn’t err by allowing a child’s guardians to participate as a party in a proceeding to terminate the father’s rights to the child because, while ch. 48 does not expressly state that guardians are “parties” in a termination proceeding, pertinent… Read more

Krysta Sutterfield v. City of Milwaukee, No. 12-2272 (7th Cir. May 9, 2014) Nine hours after obtaining a § 51.15 emergency detention order, Milwaukee police officers forcibly entered Sutterfield’s home without a warrant, opened a locked container, and seized the handgun and concealed carry licenses that were in the container. Sutterfield filed a civil rights suit against them… Read more

Dane County DHS v. Latasha G., 2014AP45 & 2014AP46, District 4, 4/3/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2014AP45; 2014AP46 Latasha argues she was determined to be unfit based on a condition that was impossible for her to satisfy due to an order in criminal cases barring any contact with the… Read more