Legal Opinion

Hemberger v. Bitzer

Wisconsin Supreme Court

Decided March 13, 1998No. 96-2973PublishedCited by 21 opinions

1Opinion of the CourtWilliam A. Bablitch, J.

¶ 1. The narrow question presented on appeal is whether 42 U.S.C. § 1983 claims brought in Wisconsin are governed by a three- or six-year statute of limitations. The plaintiff, Jane Hemberger, claimed that the defendants violated her rights to free speech when they allegedly retaliated against her by terminating her employment. She brought this action approximately four years after the termination. Because Wis. Stat. § 893.53 (1991-92), 1 providing a six-year statute of limitations, is Wisconsin's residual personal injury statute of limitations, we conclude that Hemberger's action was timely…

2Cases cited15 opinions

  1. Wilson v. GarciaSupreme Court of the United States · 1985
  2. Owens v. OkureSupreme Court of the United States · 1989
  3. In RE MARRIAGE OF COOK v. CookWisconsin Supreme Court · 1997
  4. Gray v. LackeCourt of Appeals for the Seventh Circuit · 1989
  5. Hughes v. Chrysler Motors Corp.Wisconsin Supreme Court · 1996

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3Cited by21 opinions

  1. State Ex Rel. Warren v. SchwarzWisconsin Supreme Court · 1998
  2. Barland v. Eau Claire CountyWisconsin Supreme Court · 1998
  3. Hanlon v. Town of MiltonWisconsin Supreme Court · 2000
  4. Hicks v. NunneryCourt of Appeals of Wisconsin · 2002
  5. McDonough v. State Department of Workforce DevelopmentWisconsin Supreme Court · 1999

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