Board of Regents of the University of Wisconsin System v. State

¶ 56. (dissenting). I respectfully dissent. I read nothing in Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985,) or State ex rel. Tracy v. Henry, 219 Wis. 53, 262 N.W 222 (1935), that precludes application of the after-acquired evidence doctrine of McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995), in a remedy hearing under the civil service code in order to determine the proper measure of back pay damages for wrongful termination.

¶ 57. The McKennon after-acquired evidence rule allows later-discovered evidence of employee misconduct supplying independent…