Legal Opinion

Irby v. Young

Court of Appeals of Wisconsin

Decided April 16, 1987No. 86-0018PublishedCited by 5 opinions

1Opinion of the CourtGartzke, P.J.

We granted Leon Irby leave to appeal 1 from an order changing venue from Dodge county to Dane county. Respondent is the superintendent of Waupun Correctional Institution in Dodge county. Irby is a Waupun inmate. He petitioned the Dodge County Circuit Court for certiorari to review a prison disciplinary committee’s decision finding him guilty of violating an institutional regulation. The superintendent is the sole defendant and the action is brought against him in his official capacity. For that reason, we hold that venue lies in Dane county. We therefore affirm.

Irby rests his contention that…

2Cases cited4 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. Mueller v. BrunnWisconsin Supreme Court · 1982
  3. State Ex Rel. Dame v. LefevreWisconsin Supreme Court · 1947
  4. Dolan v. StateWisconsin Supreme Court · 1970

3Cited by5 opinions

  1. State Ex Rel. Frederick v. McCaughtryCourt of Appeals of Wisconsin · 1992
  2. State Ex Rel. Sahagian v. YoungCourt of Appeals of Wisconsin · 1987
  3. Casteel v. KolbCourt of Appeals of Wisconsin · 1993
  4. State Ex Rel. Parker v. FiedlerCourt of Appeals of Wisconsin · 1993
  5. Casteel v. KolbCourt of Appeals of Wisconsin · 1993

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