Poverty is not a constitutionally suspect classification. Encouraging childbirth except in the most urgent circumstances is rationally related to legitimate governmental objective of protecting potential life. Harris v. McRae, 448 US 297 (1980).
Racial classification did not violate equal protection clause. Fullilove v. Klutznick, 448 US 448 (1980).
Statutory rape law applicable only to males had "fair and substantial relationship" to legitimate state ends. Michael M. v. Sonoma County Superior Court, 450 US 464 (1981).
State university open only to women violated equal protection. Mississippi University for Women v. Hogan, 458 US 718 (1982).
Layoff plan giving preference on basis of race to accomplish affirmative action goals wasn't sufficiently narrowly tailored and, therefore, violated equal protection. Wygant v. Jackson Board of Education, 476 US 267 (1986).
There is no equal protection violation in a state classifying as nonresidents for tuition purposes persons who are residents for all other purposes. Lister v. Hoover, 655 F (2d) 123 (1981).
Postconviction detention of a person in county jail is a violation of the equal protection clause of the 14th amendment if it is occasioned by the prisoner's indigency. Taylor v. Gray, 375 F Supp. 790.
Contrast between percentage of black population of city, 17.2%, and percentage of black composition of "fixed wage" skilled craft positions available in city, 3.1%, evidenced a substantial disparity between proportion of minorities in general population and proportion in a specific job classification and was such as to establish a prima facie case of unlawful racial discrimination, absent a showing by city that statistical discrepancy resulted from causes other than racial discrimination. Crockett v. Grun, 388 F Supp. 912.
See note to 8.16, citing Blair v. Hebl, 498 F Supp. 756 (1980).
Civil rights actions against municipalities discussed. Starstead v. City of Superior, 533 F Supp. 1365 (1982).
Putative father's right to custody of his child. 1971 WLR 1262.
Zoning--Equal protection. 1976 WLR 234.
Equal protection--Sex discrimination. 1976 WLR 330.
DUE PROCESS
Although a person may invoke the Fifth amendment in a civil case in order to protect himself from the use of such evidence against him in a subsequent criminal action, if he does so an inference against his interest may be drawn as a matter of law based upon an implied admission that a truthful answer would tend to prove that the witness had committed the criminal act or might constitute a criminal act, and is not based upon the condition that the witness is seeking relief or ought not to receive relief because he has invoked the privilege. Molloy v. Molloy, 46 W (2d) 682, 176 NW (2d) 292.
Wisconsin can constitutionally tax the transfer of trust assets occurring as a result of the nonexercise of testatrix's limited power of appointment. Estate of Mueller, 47 W (2d) 336, 177 NW (2d) 60.
A school board's refusal to renew part of a teacher's contract which paid him for coaching basketball in addition to full-time teaching duties, without notice and hearing, does not violate his rights where no charge was made that reflected on him. Richards v. Board of Education, 58 W (2d) 444, 206 NW (2d) 597.
That portion of 49.195, allowing for the recovery of aid to dependent children granted prior to the effective date of the statute, constitutes an unconstitutional deprivation of property without due process and is stricken. Estate of Peterson, 66 W (2d) 535, 225 NW (2d) 644.
The property interest of DeLuca in his employment was one conferred by state law and is protected by the due-process provisions of both the state and federal constitutions. State ex rel. DeLuca v. Common Council, 72 W (2d) 672, 242 NW (2d) 689.
If imposed solely for failure to obey court order, without evidence of bad faith or no merit, the sanctions of 804.12 (2) (a) deny due process. Dubman v. North Shore Bank, 75 W (2d) 597, 249 NW (2d) 797.
Due process standard in juvenile proceeding is fundamental fairness. Basic requirements discussed. In Interest of D.H. 76 W (2d) 286, 251 NW (2d) 196.
See note to 304.06, citing Wilson v. State, 82 W (2d) 657, 264 NW (2d) 234.
Permanent status public employe forfeits due process property interest in job by accepting inter-departmental promotion. DH&SS v. State Personnel Board, 84 W (2d) 675, 267 NW (2d) 644 (1978).
Where attorney is permitted to withdraw on day of trial without notice, due process requires granting a continuance. Sherman v. Heiser, 85 W (2d) 246, 270 NW (2d) 397 (1978).
Liberty interest in public employment discussed. Nufer v. Village Bd. of Village of Palmyra, 92 W (2d) 289, 284 NW (2d) 649 (1979).
See note to 975.09, citing State ex rel. Terry v. Percy, 95 W (2d) 476, 290 NW (2d) 713 (1980).
Where city ordinance specified narrow grounds upon which civil service applicant may be screened out, applicant had no right to know grounds for screen-out. Taplick v. City of Madison Personnel Board, 97 W (2d) 162, 293 NW (2d) 173 (1980).
Provision which raised worker's compensation benefits retroactively was unconstitutional impairment of vested rights. State ex rel. Briggs & Stratton v. Noll, 100 W (2d) 650, 302 NW (2d) 487 (1981).
Due process rights of student at expulsion hearing discussed. Racine Unified School Dist. v. Thompson, 107 W (2d) 657, 321 NW (2d) 334 (Ct. App. 1982).
Due process was not violated where defendant was illegally arrested in asylum state and involuntarily brought to trial. State v. Monje, 109 W (2d) 138, 325 NW (2d) 695 (1982).
Due process rights of tenured professor who was alleged to have resigned were not protected by hearing to determine eligibility for unemployment compensation. Patterson v. University Board of Regents, 119 W (2d) 570, 350 NW (2d) 612 (1984).
Attributes of property interests protected by due process discussed. Waste Management of Wisconsin v. DNR, 128 W (2d) 59, 381 NW (2d) 318 (1986).
See note to 940.09, citing State v. Hahn, 132 W (2d) 351, 392 NW (2d) 464 (Ct. App. 1986).
Prisoners' due process rights discussed. Wolff v. McDonnell, 418 US 539.
Public high school students facing temporary suspension have property and liberty interests protected by due process. Goss v. Lopez, 419 US 565.
Garnishment of corporate bank accounts must comply with due process protections of Fuentes and Sniadach. North Georgia Finishing, Inc. v. Di-Chem, Inc. 419 US 601.
Wisconsin medical examining board does not deny due process by both investigating and adjudicating charge of professional misconduct. Withrow v. Larkin, 421 US 35.
States may deny benefits to those who fail to prove they did not quit job in order to obtain benefits. Lavine v. Milne, 424 US 577.
Due process does not disqualify agency as decision-maker merely because of familiarity with facts of case. Hortonville Dist. v. Hortonville Ed. Asso. 426 US 482.
Dismissal from medical school for academic deficiencies without hearing did not violate due process clause. Board of Curators, Univ. of Mo. v. Horowitz, 435 US 78 (1978).
Utility customers' due process rights were violated where utility shut off service for nonpayment without advising customers of available administrative procedure. Memphis Light, Gas & Water Div. v. Craft, 436 US 1 (1978).
Father's acquiescence in daughter's desire to live with mother in California did not confer jurisdiction over father in California courts. Kulko v. California Superior Court, 436 US 84 (1978).
Due process clause was not violated when IRS monitored conversation with defendant in violation of IRS rules. United States v. Caceres, 440 US 741 (1979).
State may not exercise quasi in rem jurisdiction over defendant having no forum contacts by attacking contractual obligation of defendant's insurer licensed in state. Rush v. Savchuk, 444 US 320 (1980).
Involuntary transfer of prisoner to mental hospital implicated protected liberty interest. Vitek v. Jones, 445 US 480 (1980).
Termination of appointed assistant public defenders, who were neither policymakers nor confidential employes, solely on grounds of political affiliation was denial of first and fourteenth amendment rights. Branti v. Finkel, 445 US 507 (1980).
Segregation confinement of prisoner without prior hearing may violate due process if postponement of procedural protections is not justified by apprehended emergency conditions. Hughes v. Rowe, 449 US 5 (1980).
Where accident involving only Wisconsin residents occurred in Wisconsin, fact that decedent had been employed in Minnesota conferred jurisdiction on Minnesota court and Minnesota insurance law was applicable. Allstate Ins. Co. v. Hague, 449 US 302 (1981).
National democratic party has protected right of political association and may not be compelled to seat delegates chosen in open primary in violation of party's rules. Democratic Party of U.S. v. Wisconsin, 450 US 107 (1981).
Statute which required putative father in paternity suit to pay for blood test denied due process to indigent putative fathers. Little v. Streater, 452 US 1 (1981).
Due process does not require appointment of counsel for indigent parents in every parental status termination proceeding. Lassiter v. Dept. of Social Services, 452 US 18 (1981).
Life prisoner had no due process right to statement of reasons why board did not commute life sentence. Connecticut Board of Pardons v. Dumschat, 452 US 458 (1981).
Ordinance regulating sale of drug paraphernalia was constitutional. Hoffman Estates v. Flipside, Hoffman Estates, 455 US 489 (1982).
Revocation of probation for failure to pay fine, without determination that probationer had not made bona fide effort to pay or that alternate forms of punishment did not exist, denied due process and equal protection. Bearden v. Georgia, 461 US 660 (1983).
Notice by publication did not satisfy due process requirements in tax sale. Mennonite Board of Missions v. Adams, 462 US 791 (1983).
State's policy of preserving county boundaries in reapportionment plan justified population deviation averaging 13%. Brown v. Thomson, 462 US 835 (1983).
Discussion of minority set-aside program held to violate due process. Richmond v. Croson Co. 488 US , 102 LEd 2d 854 (1989).
Discussion of abortion restrictions held to comply with constitutional protections. Webster v. Reproductive Health Serv. 492 US , 106 LEd 2d 410 (1989).
Assuming that competent person has constitutional right to refuse treatment, court concludes state may require clear and convincing evidence that incompetent patient desired withdrawal of treatment. Cruzan v. Director, Mo. Health Dept. 497 US , 111 LEd 2d 224 (1990).
See note to 146.78, citing Hodgson v. Minnesota, 497 US , 111 LEd 2d 344 (1990) and Ohio v. Akron Reprod. Health Center, 497 US , 111 LEd 2d 405 (1990).
It is not violation of due process clause to tow illegally parked car without first giving owner notice and opportunity to be heard regarding lawfulness of tow. Sutton v. City of Milwaukee, 672 F (2d) 644 (1982).
Village board's denial of application for liquor license did not deprive applicant of either liberty or property. Scott v. Village of Kewaskum, 786 F (2d) 338 (1986).
Wisconsin's abortion statute (940.04, Stats. 1969) is unconstitutional as applied to the abortion of an embryo which has not quickened. Babbitz v. McCann, 310 F Supp. 293.
The limitation of AFDC benefits to 120% of the national average is unconstitutional. Alvarado v. Schmidt, 317 F Supp. 1027.
The word "publicly" in 944.20 (2) is susceptible to a construction which will avoid the question of constitutional overbreadth, by limiting the application of the statute to constitutionally permissible goals of protecting children from exposure to obscenity and preventing assaults on sensibilities of unwilling adults in public. Reichenberger v. Warren, 319 F Supp. 1237.
Prosecution for topless dancing, where minors are not involved and where adults present were aware of the proposed dance, enjoined. Pederson v. Breier, 327 F Supp. 1382.
Proceedings to revoke a license for performing abortions involving an embryo of 4 months or less enjoined. Kennan v. Warren, 328 F Supp. 525.
Denial of divorce to plaintiff who is a resident but has not lived in Wisconsin for 2 years is unconstitutional. Wymelenberg v. Syman, 328 F Supp. 1353.
Teacher's alleged de facto tenure is not a protected property interest. Liberty interests discussed. Stevens v. Jt. School Dist. No. 1, Tony, Etc. 429 F Supp. 477.
Sheriff violated tenant's protectible property interest by executing stale writ of restitution. Wolf-Lillie v. Kenosha Cty. Sheriff, 504 F Supp. 1 (1980).
One cannot have constitutionally protected interest solely in state law procedure; separate property interest must also be present. Molgaard v. Town of Caledonia, 527 F Supp. 1073 (1981).
Demon rum and the dirty dance: reconsidering government regulation of live sex entertainment after California v. La Rue. 1975 WLR 161.
Reasonable corporal punishment by school official over parental objection is constitutional. 1976 WLR 689.
Procedural due process in public schools: The "thicket" of Goss v. Lopez. 1976 WLR 934.
Impartial decisionmaker--authority of school board to dismiss striking teachers. 1977 WLR 521.
Property interest--government employment--state law defines limitation of entitlement. 1977 WLR 575.
I,2 Slavery prohibited. Section 2. There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.
I,3 Free speech; libel. Section 3. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence, and if it shall appear to the jury that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
FREE SPEECH
A city can validly prohibit picketing of private homes where the subject of the picketing has no relationship to any activity carried on there. Wauwatosa v. King, 49 W (2d) 398, 182 NW (2d) 530.
A journalist has a constitutional right to the privilege not to disclose his sources of information received in confidential relationship, but when such confidence is in conflict with the public's overriding need to know, it must yield to the interest of justice. The state need not affirmatively demonstrate proof of compelling need or lack of an alternative method of obtaining the information sought, where the crimes involved and the prevention of repetition of such crimes constitute a compelling need. State v. Knops, 49 W (2d) 647, 183 NW (2d) 93.
Only that portion of the obscenity ordinance defining obscenity in Roth-Memoirs terms is unconstitutional, and the remainder is a viable, effective ordinance when supplemented by the supreme court's Chobot obscenity definition and Court "community standards" definition. Madison v. Nickel, 66 W (2d) 71, 223 NW (2d) 865.
The majority representative's exclusive right to represent all employes in the bargaining unit precludes speech by others in the form of bargaining or negotiating for a labor agreement, the infringement of 1st amendment rights of such persons being justified by the necessity to avoid the dangers attendant upon relative chaos in labor-management relations. Madison Jt. Sch. Dist. No. 8 v. WERC, 69 W (2d) 200, 231 NW (2d) 206.
Section 944.32, 1987 stats., prohibiting solicitation of prostitutes, does not violate right of free speech. Shillcutt v. State, 74 W (2d) 642, 247 NW (2d) 694.
Where radio talk show announcer was fired for allowing talk show guests to slander minorities, announcer's right of free speech was not infringed. Augustine v. Anti-Defamation Lg. B'nai B'rith, 75 W (2d) 207, 249 NW (2d) 547.
Where record did not indicate that Madison Tenant Union would provide inadequate, unethical or complex legal advice to tenants, Madison Tenant Union information service is protected by free speech guarantees. Hopper v. Madison, 79 W (2d) 120, 256 NW (2d) 139.
947.01 (2), 1977 stats., which prohibits making telephone call with intent to annoy, is unconstitutionally overbroad. State v. Dronso, 90 W (2d) 110, 279 NW (2d) 710 (Ct. App. 1979).
Public's right to be aware of all facts surrounding issue does not interfere with right of newspaper to reject advertising. Wis. Asso. of Nursing Homes v. Journal Co. 92 W (2d) 709, 285 NW (2d) 891 (Ct. App. 1979).
Court sets procedures to determine whether journalist may properly invoke privilege to prevent disclosure of confidential sources. Green Bay Newspaper v. Circuit Court, 113 W (2d) 411, 335 NW (2d) 367 (1983).
Free speech rights of policymaker may be curtailed where commonality of political beliefs with prevailing policymaker is required for effective performance of office. Thus, county executive properly removed board of health member for antihomosexual remarks at meeting. Pawlisch v. Barry, 126 W (2d) 162, 376 NW (2d) 368 (Ct. App. 1985).
Right of free speech applies against state action, not private action. Jacobs v. Major, 139 W (2d) 492, 407 NW (2d) 832 (1987).
