895.65(1)(a)
(a) "Disciplinary action" means any action taken with respect to an employe which has the effect, in whole or in part, of a penalty.
895.65(1)(b)
(b) "Employe" means any person employed by any governmental unit except:
895.65(1)(b)1.
1. A person employed by the office of the governor, the courts, the legislature or a service agency under
subch. IV of ch. 13.
895.65(1)(b)2.
2. A person who is, or whose immediate supervisor is, assigned to an executive salary group under
s. 20.923.
895.65(1)(c)
(c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.
895.65(1)(d)
(d) "Information" means information gained by the employe which the employe reasonably believes demonstrates:
895.65(1)(d)1.
1. A violation of any state or federal law, rule or regulation.
895.65(1)(d)2.
2. Mismanagement or abuse of authority in state government, a substantial waste of public funds or a danger to public health and safety.
895.65(2)
(2) An employe may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employe because the employe exercised his or her rights under the first amendment to the
U.S. constitution or
article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employe so exercised his or her rights. The employe shall bring the action within 2 years after the action allegedly occurred or after the employe learned of the action, whichever occurs last. No employe may bring an action against the department of employment relations as an employer's agent.
895.65(3)
(3) If, following the close of all evidence in an action under this section, a court or jury finds that retaliation was the primary factor in an employer's or employer's agent's decision to engage in a disciplinary action, the court or jury may not consider any evidence offered by the employer or employer's agent that the employer or employer's agent would have engaged in the disciplinary action even if the employe had not disclosed, or the employer or employer's agent had not believed the employe disclosed, the information.
895.65(4)
(4) If the court or jury finds that the employer or employer's agent retaliated against the employe, the court shall take any appropriate action, including but not limited to the following:
895.65(4)(a)
(a) Order placement of the employe in his or her previous position with or without back pay.
895.65(4)(b)
(b) Order transfer of the employe to an available position for which the employe is qualified within the same governmental unit.
895.65(4)(c)
(c) Order expungement of adverse material relating to the retaliatory action or threat from the employe's personnel file.
895.65(4)(cm)
(cm) Order the employer to pay compensatory damages.
895.65(4)(d)
(d) Order the employer to pay the employe's reasonable attorney fees.
895.65(4)(e)
(e) Order the employer or employer's agent to insert a copy of the court order into the employe's personnel file.
895.65(4)(f)
(f) Recommend to the employer that disciplinary or other action be taken regarding the employer's agent, including but not limited to any of the following:
895.65(4)(f)1.
1. Placement of information describing the agent's action in his or her personnel file.
895.67
895.67
Domestic abuse services; prohibited disclosures. 895.67(1)(b)
(b) "Domestic abuse services organization" means a nonprofit organization or a public agency that provides any of the following services for victims of domestic abuse:
895.67(1)(c)
(c) "Service recipient" means any person who receives or has received domestic abuse services from a domestic abuse services organization.
895.67(2)(a)(a) No employe or agent of a domestic abuse services organization who provides domestic abuse services to a service recipient may intentionally disclose to any person the location of any of the following persons without the informed, written consent of the service recipient:
895.67(2)(a)3.
3. Any minor child in the care or custody of the service recipient.
895.67(2)(a)4.
4. Any minor child who accompanies the service recipient when the service recipient receives domestic abuse services.
895.67(2)(b)
(b) Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
895.67 History
History: 1991 a. 228.
895.70
895.70
Sexual exploitation by a therapist. 895.70(1)(e)
(e) "Therapist" means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.
895.70(2)(a)(a) Any person who suffers, directly or indirectly, a physical, mental or emotional injury caused by, resulting from or arising out of sexual contact with a therapist who is rendering or has rendered to that person psychotherapy, counseling or other assessment or treatment of or involving any mental or emotional illness, symptom or condition has a civil cause of action against the psychotherapist for all damages resulting from, arising out of or caused by that sexual contact. Consent is not an issue in an action under this section, unless the sexual contact that is the subject of the action occurred more than 6 months after the psychotherapy, counseling, assessment or treatment ended.
895.70(2)(b)
(b) Notwithstanding
ss. 801.09 (1),
801.095,
802.04 (1) and
815.05 (intro.), in an action brought under this section, the plaintiff may substitute his or her initials, or fictitious initials, and his or her age and county of residence for his or her name and address on the summons and complaint. The plaintiff's attorney shall supply the court the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information, and supply the information to other parties to the action, in a manner which reasonably protects the information from being disclosed to the public.
895.70(2)(c)
(c) Upon motion by the plaintiff, and for good cause shown, or upon its own motion, the court may make any order that justice requires to protect:
895.70(2)(c)1.
1. A plaintiff who is using initials in an action under this section from annoyance, embarrassment, oppression or undue burden that would arise if any information identifying the plaintiff were made public.
895.70(2)(c)2.
2. A plaintiff in an action under this section from unreasonably long, repetitive or burdensome physical or mental examinations.
895.70(2)(c)3.
3. The confidentiality of information which under law is confidential, until the information is provided in open court in an action under this section.
895.70(3)
(3) Punitive damages. A court or jury may award punitive damages to a person bringing an action under this section.
895.70(4)
(4) Calculation of statute of limitations. An action under this section is subject to
s. 893.585.
895.70(5)
(5) Silence agreements. Any provision in a contract or agreement relating to the settlement of any claim by a patient against a therapist that limits or eliminates the right of the patient to disclose sexual contact by the therapist to a subsequent therapist, the department of regulation and licensing, the department of health and family services, the patients compensation fund peer review council or a district attorney is void.
895.70 Annotation
Under sub. (2) consent is not an issue and as such an instruction regarding the victim's contributory negligence was improper. Block v. Gomez, 201 W (2d) 789, 549 NW (2d) 783 (Ct. App. 1996).
895.73
895.73
Service representatives. 895.73(1)(b)
(b) "Complainant" means an adult who alleges that he or she was the subject of abusive conduct or who alleges that a crime has been committed against him or her.
895.73(1)(c)
(c) "Service representative" means an individual member of an organization or victim assistance program who provides counseling or support services to complainants or petitioners and charges no fee for services provided to a complainant under
sub. (2) or to a petitioner under
s. 813.122.
895.73(2)
(2) Right to be present. A complainant has the right to select a service representative to attend, with the complainant, hearings, depositions and court proceedings, whether criminal or civil, and all interviews and meetings related to those hearings, depositions and court proceedings, if abusive conduct is alleged to have occurred against the complainant or if a crime is alleged to have been committed against the complainant and if the abusive conduct or the crime is a factor under
s. 767.24 or is a factor in the complainant's ability to represent his or her interest at the hearing, deposition or court proceeding. The complainant shall notify the court orally, or in writing, of that selection. A service representative selected by a complainant has the right to be present at every hearing, deposition and court proceeding and all interviews and meetings related to those hearings, depositions and court proceedings that the complainant is required or authorized to attend. The service representative selected by the complainant has the right to sit adjacent to the complainant and confer orally and in writing with the complainant in a reasonable manner during every hearing, deposition or court proceeding and related interviews and meetings, except when the complainant is testifying or is represented by private counsel. The service representative may not sit at counsel table during a jury trial. The service representative may address the court if permitted to do so by the court.
895.73(3)
(3) Failure to exercise right not grounds for appeal. The failure of a complainant to exercise a right under this section is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.
895.73 History
History: 1991 a. 276;
1995 a. 220.
895.75
895.75
Physical injury, emotional distress, loss or damage suffered by members of certain groups. 895.75(1)(1) Any person who suffers physical injury to his or her person or emotional distress or damage to or loss of his or her property by reason of conduct which is prohibited under
s. 943.012 or which is grounds for a penalty increase under
s. 939.645 has a civil cause of action against the person who caused the physical injury, emotional distress, damage or loss.
895.75(2)
(2) The burden of proof in a civil action under
sub. (1) rests with the person who suffers the physical injury, emotional distress, damage or loss to prove his or her case by a preponderance of the credible evidence.
895.75(3)
(3) If the plaintiff prevails in a civil action under
sub. (1), he or she may recover special and general damages, including damages for emotional distress; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation which were reasonably incurred.
895.75(4)
(4) A person may bring a civil action under
sub. (1) regardless of whether there has been a criminal action related to the physical injury, emotional distress, loss or damage under
sub. (1) and regardless of the outcome of any such criminal action.
895.75(5)
(5) This section does not limit the right of a person to recover from any parent or parents under
s. 895.035.
895.75 History
History: 1987 a. 348.
895.77
895.77
Injury caused by criminal gang activity. 895.77(1)(c)
(c) "Political subdivision" means a city, village, town or county.
895.77(2)(a)(a) The state, a school district or a political subdivision may bring an action in circuit court for any expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency or other personnel or resources if the expenditure of money by the state, a school district or a political subdivision is the result of criminal gang activity.
895.77(2)(b)
(b) Any person who suffers physical injury or incurs property damage or loss resulting from any criminal gang activity has a cause of action for the actual damages sustained. The burden of proof in a civil action under this paragraph rests with the person who suffers the physical injury or property damage or loss to prove his or her case by a preponderance of the credible evidence.
895.77(2)(c)
(c) The action may be brought against the criminal gang or against any member, leader, officer or organizer of a criminal gang who participates in a criminal gang activity or who authorizes, causes, orders, ratifies, requests or suggests a criminal gang activity. An action brought under this subsection shall also name as defendants the criminal gang and any criminal gang members that participated in the criminal gang activity. An action brought under this subsection may name, as a class of defendants, all unknown criminal gang members.
895.77(2)(d)
(d) The plaintiff may bring a civil action under this subsection regardless of whether there has been a criminal action related to the injury, property damage or loss or expenditure of money under
par. (a) or
(b) and regardless of the outcome of that criminal action.
895.77(3)
(3) Service of process. A summons may be served individually upon any member, leader, officer or organizer of a criminal gang by service as provided under
s. 801.11 (1),
(2),
(5) or
(6) where the claim sued upon arises out of or relates to criminal gang activity within this state sufficient to subject a defendant to personal jurisdiction under
s. 801.05 (2) to
(10). A judgment rendered after service under this subsection is a binding adjudication against the criminal gang.
895.77(4)
(4) Injunctive relief, damages, costs and fees. 895.77(4)(a)(a) The court, upon the request of the state, a school district or a political subdivision, may grant an injunction restraining an individual from committing an act that would injure the state, a school district or a political subdivision or may order such other relief as the court determines is proper.
895.77(4)(b)
(b) The court may order a criminal gang member to divest himself or herself of any interest or involvement in any criminal gang activity and may restrict a criminal gang member from engaging in any future criminal gang activity.
895.77(4)(c)
(c) In addition to the costs allowed under
s. 814.04, a final judgment in an action under
sub. (2) (a) in favor of the plaintiff shall include compensatory damages for the expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency or other personnel or resources caused by the criminal gang activity and compensation for the costs of the investigation and prosecution and reasonable attorney fees.
895.77(4)(d)
(d) In addition to the costs allowed under
s. 814.04, a final judgment in an action under
sub. (2) (b) in favor of the plaintiff shall include attorney fees and the costs of the investigation and litigation.
