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    WACKER Et Al v. Sun Prairie Area School District Et Al - Document No. 4

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    ORDER remanding case to Dane County Circuit Court. Signed by Judge Barbara B Crabb on 10/30/07. (krj) 3:2007cv00611 Wisconsin Western District Court

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    WACKER Et Al v. Sun Prairie Area School District Et Al - Document No. 4

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    Justia.com
    149 views2 pages
    ORDER remanding case to Dane County Circuit Court. Signed by Judge Barbara B Crabb on 10/30/07. (krj) 3:2007cv00611 Wisconsin Western District Court

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    WACKER et al v. Sun Prairie Area School District et al - Document No. 4

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    ORDER remanding case to Dane County Circuit Court. Signed by Judge Barbara B Crabb on 10/30/07. (krj) 3:2007cv00611 Wisconsin Western District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    149 views2 pages

    WACKER Et Al v. Sun Prairie Area School District Et Al - Document No. 4

    Uploaded by

    Justia.com
    ORDER remanding case to Dane County Circuit Court. Signed by Judge Barbara B Crabb on 10/30/07. (krj) 3:2007cv00611 Wisconsin Western District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    WACKER et al v. Sun Prairie Area School District et al Doc.

    4
    Case: 3:07-cv-00611-bbc Document #: 4 Filed: 10/30/2007 Page 1 of 2

    IN THE UNITED STATES DISTRICT COURT

    FOR THE WESTERN DISTRICT OF WISCONSIN

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    DAWN J. WACKER, mother and


    natural guardian of Spencer L. Houk,,
    ORDER
    Plaintiff,
    07-C-611-C
    v.

    SUN PRAIRIE AREA SCHOOL DISTRICT and


    JIM McCLOWRY, Athletic & Activities Director,

    Defendants.

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    This civil action was removed from the Circuit Court for Dane County to federal

    court by defendants Sun Prairie Area School District and Jim McClowry and set for hearing

    on plaintiff’s motion for preliminary injunction on October 26, 2007 before United States

    District Judge Barbara B. Crabb. David Lasker appeared for plaintiff, who was also present

    in person. Dave Rohrer and Joanne Harmon Curry appeared for defendants.

    At the outset of the hearing, Mr. Lasker informed the court and opposing counsel that

    he did not believe that removal was proper. Plaintiff had alleged a violation of her son’s

    “constitutional right to due process” without specifying whether the claim arose under state

    or federal constitution. Mr. Lasker stated that it was plaintiff’s intent to proceed only on

    Dockets.Justia.com
    Case: 3:07-cv-00611-bbc Document #: 4 Filed: 10/30/2007 Page 2 of 2

    a state constitutional claim. Mr. Rohrer noted his surprise that Mr. Lasker had not informed

    him earlier that plaintiff was not raising a federal claim and that had Mr. Lasker done so

    either orally or by making it plain in the complaint, defendants would not have removed the

    case to federal court. Mr. Rohrer conceded that if plaintiff was raising only a state

    constitutional issue, defendants had no ground on which to move for removal and could not

    oppose remand of the case.

    In light of plaintiff’s clarification of her constitutional claim, I find that no federal

    question is involved in this case. Accordingly, it is REMANDED to the Circuit Court for

    Dane County, Wisconsin.

    Entered this 30th day of October, 2007.

    BY THE COURT:
    /s/
    BARBARA B. CRABB
    District Judge

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