Legal Opinion · Dissent

Cheryl M. Sorenson v. Richard A. Batchelder

Wisconsin Supreme Court

Decided May 12, 2016No. 2014AP001213Published

1DissentShirley S. Abrahamson, J.

| 47. (dissenting). Wisconsin Stat. § 893.82 requires an individual, prior to filing suit against a "state officer, employee or agent," to serve a "notice of claim"1 on the attorney general in his office in the Capitol by certified mail. See Wis. Stat. §§ 893.82(2m), (3), (5) (2013-14).2

¶ 48. No one can literally (or "strictly," see Wis. Stat. § 893.82(2m)) comply with the statute. The attorney general no longer receives certified mail in his office in the Capitol.3 The majority is not perturbed. See majority op., ¶ 37. The majority does not require strict compliance with this aspect of the…

2Cases cited8 opinions

  1. State v. HamiltonWisconsin Supreme Court · 2003
  2. Hailey Marie-Joe Force v. American Family Mutual Insurance CompanyWisconsin Supreme Court · 2014
  3. Schlereth v. HardySupreme Court of Missouri · 2009
  4. Kelly v. ReyesCourt of Appeals of Wisconsin · 1992
  5. Hines v. ResnickCourt of Appeals of Wisconsin · 2011

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