Below is a list of opinions specially selected for public release by judges in the district. For a detailed search, enter the keyword or case number in the search box above.
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15-CV-1469 Tate v. Pollard
Decision and Order
The court denied a petition for a writ of habeas corpus under 28 U.S.C. sec. 2254 alleging ineffective assistance of appellate counsel on the ground that the petitioner had not shown that his counsel failed to raise claims that were both obvious and clearly stronger than the claims counsel did raise.
18-CV-1637 McCray v. McDonough
Decision and Order Granting Summary Judgment
Plaintiff Scott McCray alleged that his employer, the Department of Veterans Affairs, denied him reasonable accommodations in violation of the Rehabilitation Act when it delayed in providing him with a requested work vehicle replacement, and when it rejected his requests to transfer to a new job position and a new workstation. McCray’s complaint had initially been dismissed at the pleading stage but came back to the Eastern District of Wisconsin on remand from the Seventh Circuit. The Court granted the VA’s motion for summary judgment, ruling that McCray failed to provide evidence he was disabled or needed any reasonable accommodation. McCray’s amended complaint also included retaliation and hostile-work-environment claims—these too were faulty because he did not show that he suffered an adverse employment action or that he was harassed on the basis of his disabilities.
20-CV-463 Lusk v. Radtke
Decision and Order
The court denied a petition for a writ of habeas corpus brought by a person in state custody that alleged claims of ineffective assistance of trial and appellate counsel.
08-CV-724 US v. Wisconsin Bell
Decision and Order
Relator Todd Heath brought this qui tam action under the False Claims Act alleging that defendant Wisconsin Bell, Inc. fraudulently obtained subsidies from the federal Education Rate Program by certifying that it was providing telecommunications services to schools and libraries at the lowest rate charged to similarly situated customers. The Court granted Wisconsin Bell’s motion for summary judgment because relator did not show that any customers were similarly situated to the relevant schools and libraries and thus did not show that any certification was fraudulent.
21-CV-1373 Wisconsin Family Action v. Federal Election Commission
Decision and Order Denying Motion for Preliminary Injunction
Wisconsin Family Action brought this action under the Federal Election Campaign Act against the Federal Election Commission, alleging, among other things, that the FEC’s interpretation of the disclosure requirements in 52 U.S.C. § 30104(c) unconstitutionally burdens the free-speech, association, and assembly rights of WFA and its donors. The Court recognized the substantial First Amendment rights at stake but ultimately denied WFA’s motion for preliminary injunction. The Court found no irreparable harm because the relief sought was not necessary given the FEC’s interpretation of the rules governing campaign contributions.
