895.55(1)(i)
(i) "State contingency plan" means the plan prepared and published under
s. 144.76 (5) [292.11 (5)].
895.55 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 144.76 (5) was renumbered by
1995 Wis. Act 227.
895.55(2)
(2) Notwithstanding any provision of
ch. 29,
subchs. II and
IV of ch. 30,
subchs. II,
IV,
VI and
VII of
ch. 144,
ch. 147 or 166 [
s. 299.11,
299.13,
299.31,
299.41,
299.43,
299.45,
299.51,
299.53 and
299.55,
ch. 29,
subchs. II and
IV of ch. 30,
ch. 166,
281,
283,
289,
291,
292 or
subch. II of ch. 295], or any other provision of this chapter, a person is immune from liability for damages resulting from the person's acts or omissions and for the removal costs resulting from the person's acts or omissions if all of the following conditions are met:
895.55 Note
NOTE: The bracketed language indicates the correct cross-reference. Chapters 144 and 147 were renumbered by
1995 Wis. Act 227.
895.55(2)(a)
(a) Those acts or omissions were taken while rendering assistance, advice or care related to the threat of an oil discharge into the navigable waters of this state or related to the removal of oil resulting from an oil discharge into the navigable waters of this state.
895.55(2)(b)
(b) The assistance, advice or care was consistent with the national contingency plan or the state contingency plan or was otherwise directed by the federal on-scene coordinator or the secretary of natural resources.
895.55(3)
(3) The immunity under
sub. (2) does not extend to any person:
895.55(3)(a)
(a) Who is required to act under
s. 144.76 (3) [292.11 (3)] because the person possessed or controlled the oil that was initially discharged into the navigable waters of this state or caused the initial discharge or initial threat of discharge of the oil into the navigable waters of this state.
895.55 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 144.76 (3) was renumbered by
1995 Wis. Act 227.
895.55(3)(b)
(b) Whose act or omission involves gross negligence or reckless, wanton or intentional misconduct.
895.55(3)(c)
(c) Who causes personal injury or wrongful death.
895.55(4)
(4) A person under
sub. (3) (a) is liable for any damages or removal costs that another person is immune from under
sub. (2).
895.55(5)
(5) Nothing in this section affects the responsibility of a person under
sub. (3) (a) to fulfill that person's requirements under
s. 144.76 [292.11].
895.55 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 144.76 was renumbered by
1995 Wis. Act 227.
895.55 History
History: 1995 a. 192.
895.57
895.57
Damages; unauthorized release of animals. 895.57(2)
(2) A person who intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is liable to the owner or custodian of the animal for damages, which shall include the costs of restoring the animal to confinement.
895.57(3)
(3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under
s. 29.52,
29.573,
29.574,
29.575 or
29.578 or designated as a wildlife refuge under
s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.
895.65
895.65
Government employer retaliation prohibited. 895.65(1)(a)
(a) "Disciplinary action" means any action taken with respect to an employe which has the effect, in whole or in part, of a penalty.
895.65(1)(b)
(b) "Employe" means any person employed by any governmental unit except:
895.65(1)(b)1.
1. A person employed by the office of the governor, the courts, the legislature or a service agency under
subch. IV of ch. 13.
895.65(1)(b)2.
2. A person who is, or whose immediate supervisor is, assigned to an executive salary group under
s. 20.923.
895.65(1)(c)
(c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.
895.65(1)(d)
(d) "Information" means information gained by the employe which the employe reasonably believes demonstrates:
895.65(1)(d)1.
1. A violation of any state or federal law, rule or regulation.
895.65(1)(d)2.
2. Mismanagement or abuse of authority in state government, a substantial waste of public funds or a danger to public health and safety.
895.65(2)
(2) An employe may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employe because the employe exercised his or her rights under the first amendment to the
U.S. constitution or
article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employe so exercised his or her rights. The employe shall bring the action within 2 years after the action allegedly occurred or after the employe learned of the action, whichever occurs last. No employe may bring an action against the department of employment relations as an employer's agent.
895.65(3)
(3) If, following the close of all evidence in an action under this section, a court or jury finds that retaliation was the primary factor in an employer's or employer's agent's decision to engage in a disciplinary action, the court or jury may not consider any evidence offered by the employer or employer's agent that the employer or employer's agent would have engaged in the disciplinary action even if the employe had not disclosed, or the employer or employer's agent had not believed the employe disclosed, the information.
895.65(4)
(4) If the court or jury finds that the employer or employer's agent retaliated against the employe, the court shall take any appropriate action, including but not limited to the following:
895.65(4)(a)
(a) Order placement of the employe in his or her previous position with or without back pay.
895.65(4)(b)
(b) Order transfer of the employe to an available position for which the employe is qualified within the same governmental unit.
895.65(4)(c)
(c) Order expungement of adverse material relating to the retaliatory action or threat from the employe's personnel file.
895.65(4)(cm)
(cm) Order the employer to pay compensatory damages.
895.65(4)(d)
(d) Order the employer to pay the employe's reasonable attorney fees.
895.65(4)(e)
(e) Order the employer or employer's agent to insert a copy of the court order into the employe's personnel file.
895.65(4)(f)
(f) Recommend to the employer that disciplinary or other action be taken regarding the employer's agent, including but not limited to any of the following:
895.65(4)(f)1.
1. Placement of information describing the agent's action in his or her personnel file.
895.67
895.67
Domestic abuse services; prohibited disclosures. 895.67(1)(b)
(b) "Domestic abuse services organization" means a nonprofit organization or a public agency that provides any of the following services for victims of domestic abuse:
895.67(1)(c)
(c) "Service recipient" means any person who receives or has received domestic abuse services from a domestic abuse services organization.
895.67(2)(a)(a) No employe or agent of a domestic abuse services organization who provides domestic abuse services to a service recipient may intentionally disclose to any person the location of any of the following persons without the informed, written consent of the service recipient:
895.67(2)(a)3.
3. Any minor child in the care or custody of the service recipient.
895.67(2)(a)4.
4. Any minor child who accompanies the service recipient when the service recipient receives domestic abuse services.
895.67(2)(b)
(b) Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
895.67 History
History: 1991 a. 228.
895.70
895.70
Sexual exploitation by a therapist. 895.70(1)(e)
(e) "Therapist" means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.
895.70(2)(a)(a) Any person who suffers, directly or indirectly, a physical, mental or emotional injury caused by, resulting from or arising out of sexual contact with a therapist who is rendering or has rendered to that person psychotherapy, counseling or other assessment or treatment of or involving any mental or emotional illness, symptom or condition has a civil cause of action against the psychotherapist for all damages resulting from, arising out of or caused by that sexual contact. Consent is not an issue in an action under this section, unless the sexual contact that is the subject of the action occurred more than 6 months after the psychotherapy, counseling, assessment or treatment ended.
895.70(2)(b)
(b) Notwithstanding
ss. 801.09 (1),
801.095,
802.04 (1) and
815.05 (intro.), in an action brought under this section, the plaintiff may substitute his or her initials, or fictitious initials, and his or her age and county of residence for his or her name and address on the summons and complaint. The plaintiff's attorney shall supply the court the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information, and supply the information to other parties to the action, in a manner which reasonably protects the information from being disclosed to the public.
895.70(2)(c)
(c) Upon motion by the plaintiff, and for good cause shown, or upon its own motion, the court may make any order that justice requires to protect:
895.70(2)(c)1.
1. A plaintiff who is using initials in an action under this section from annoyance, embarrassment, oppression or undue burden that would arise if any information identifying the plaintiff were made public.
895.70(2)(c)2.
2. A plaintiff in an action under this section from unreasonably long, repetitive or burdensome physical or mental examinations.
895.70(2)(c)3.
3. The confidentiality of information which under law is confidential, until the information is provided in open court in an action under this section.
895.70(3)
(3) Punitive damages. A court or jury may award punitive damages to a person bringing an action under this section.
895.70(4)
(4) Calculation of statute of limitations. An action under this section is subject to
s. 893.585.
895.70(5)
(5) Silence agreements. Any provision in a contract or agreement relating to the settlement of any claim by a patient against a therapist that limits or eliminates the right of the patient to disclose sexual contact by the therapist to a subsequent therapist, the department of regulation and licensing, the department of health and family services, the patients compensation fund peer review council or a district attorney is void.
895.70 Annotation
Under sub. (2) consent is not an issue and as such an instruction regarding the victim's contributory negligence was improper. Block v. Gomez, 201 W (2d) 789, 549 NW (2d) 783 (Ct. App. 1996).
895.73
895.73
Service representatives. 895.73(1)(b)
(b) "Complainant" means an adult who alleges that he or she was the subject of abusive conduct or who alleges that a crime has been committed against him or her.
895.73(1)(c)
(c) "Service representative" means an individual member of an organization or victim assistance program who provides counseling or support services to complainants or petitioners and charges no fee for services provided to a complainant under
sub. (2) or to a petitioner under
s. 813.122.
895.73(2)
(2) Right to be present. A complainant has the right to select a service representative to attend, with the complainant, hearings, depositions and court proceedings, whether criminal or civil, and all interviews and meetings related to those hearings, depositions and court proceedings, if abusive conduct is alleged to have occurred against the complainant or if a crime is alleged to have been committed against the complainant and if the abusive conduct or the crime is a factor under
s. 767.24 or is a factor in the complainant's ability to represent his or her interest at the hearing, deposition or court proceeding. The complainant shall notify the court orally, or in writing, of that selection. A service representative selected by a complainant has the right to be present at every hearing, deposition and court proceeding and all interviews and meetings related to those hearings, depositions and court proceedings that the complainant is required or authorized to attend. The service representative selected by the complainant has the right to sit adjacent to the complainant and confer orally and in writing with the complainant in a reasonable manner during every hearing, deposition or court proceeding and related interviews and meetings, except when the complainant is testifying or is represented by private counsel. The service representative may not sit at counsel table during a jury trial. The service representative may address the court if permitted to do so by the court.
