Maier v. Byrnes

Dr. Charles P. Maier appeals from an order granting summary judgment in favor of Judge John J. Byrnes in a small claims action commenced pursuant to sec. 782.09, Stats., which imposes a statutory penalty of $1,000 against a judge who refuses to grant a writ of habeas corpus.

On September 28, 1983, Dr. Maier was arrested and jailed for alleged traffic offenses. At approximately 9:00 p.m. that evening, Leroy Fehrman, William Wiefelspuetz, and Leroy Knies, friends of Dr. Maier, appeared at the residence of Judge Byrnes. They presented a petition for a writ of habeas corpus to Judge Byrnes, who…