Woman secures WI Supreme Court Victory with help of ACLU of Wisconsin

Contact: Laurence Dupuis, ACLU-Wisconsin Foundation, (414) 272-4032, ext. 12
G. Michael Halfenger, Foley & Lardner LLP, (414) 297-5547.

December 14, 2005

Milwaukee, WI -- Last week, the Wisconsin Supreme Court ruled unanimously that state trial courts may not require plaintiffs alleging a federal civil rights claim to meet a higher burden of proof than the burden used by federal courts in deciding such claims. Attorney Michael Halfenger of Foley & Lardner's Milwaukee office filed a friend of the court brief on behalf of the American Civil Liberties Union of Wisconsin and argued before the Court on October 7, 2005, urging the Court to ensure that federal rights be fully protected in state courts.The case, Shaw v. Leatherberry, was filed by a woman who charged that Sheriff's deputies used excessive force in strip searching her at the Dane County Jail. The trial judge instructed the jury that Ms. Shaw could only win if she proved her case by clear and convincing evidence, a higher burden of proof than the normal preponderance of the evidence standard used by federal courts in similar cases. The Supreme Court reversed the trial judge's burden of proof instruction, holding that the Supremacy Clause preempts our state courts from imposing a higher burden of proof in federal civil rights actions. The Supreme Court made absolutely clear that as a matter of federal law state courts can't interfere with federal rights by tinkering with the burden of proof, Halfenger said. The decision keeps state courts open as fair forums for constitutional claims against police officers who use excessive force.

Shaw Amicus Brief (Friend of the Court Brief)WI Supreme Court Decision