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 injured patients and families 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 Wis. 2d 795,
549 N.W.2d 783 (Ct. App. 1996),
94-1085.
895.70 Annotation
This section grants no cause of action against a therapist's employer. L.L.N. v. Clauder,
203 Wis. 2d 570,
552 N.W.2d 879 (Ct. App. 1996).
895.71
895.71
Sexual exploitation by a member of the clergy. 895.71(1)(b)
(b) "Religious organization" means an association, conference, congregation, convention, committee, or other entity that is organized and operated for a religious purpose and that is exempt from federal income tax under
26 USC 501 (c) (3) or (d) and any subunit of such an association, conference, congregation, convention, committee, or entity that is organized and operated for a religious purpose.
895.71(2)(a)(a) Any person who suffers an injury as a result of sexual contact with a member of the clergy that occurs while the person is under the age of 18 may bring an action against the member of the clergy for all damages caused by that sexual contact.
895.71(2)(b)
(b) Any person who may bring an action under
par. (a) may bring an action against the religious organization that employed the member of the clergy for all damages caused by that sexual contact if, at the time that the sexual contact occurred, another employee of that religious organization whose duties included supervising that member of the clergy knew or should have known that the member of the clergy previously had sexual contact with a person under the age of 18 and failed to do all of the following:
895.71(2)(b)2.
2. Exercise ordinary care to prevent similar incidents from occurring.
895.71(2)(c)
(c) Notwithstanding
ss. 801.09 (1),
801.095,
802.04 (1), and
815.05 (1g) (a), 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 that reasonably protects the information from being disclosed to the public.
895.71(2)(d)
(d) 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 any of the following:
895.71(2)(d)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.
895.71(2)(d)2.
2. A plaintiff in an action under this section from unreasonably long, repetitive, or burdensome physical or mental examinations.
895.71(2)(d)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.
895.71(3)
(3) Consent. Consent is not an issue in an action under this section.
895.71(4)
(4) Calculation of statute of limitations. An action under this section is subject to
s. 893.587.
895.71(5)
(5) Silence agreements. Any contract or agreement concerning the settlement of any claim under this section that limits or eliminates the right of the injured person to disclose the sexual contact described under
sub. (2) to another member of the religious organization to which the member of the clergy under
sub. (2) belongs, to a therapist, as defined in
s. 895.70 (1) (e), to a person listed under
s. 48.981 (2) (a), or to a district attorney, is void.
895.71 History
History: 2003 a. 279.
895.73
895.73
Service representatives. 895.73(1)(a)
(a) "Abusive conduct" means domestic abuse, as defined under
s. 46.95 (1) (a),
813.12 (1) (am), or
968.075 (1) (a), harassment, as defined under
s. 813.125 (1), sexual exploitation by a therapist under
s. 940.22, sexual assault under
s. 940.225, child abuse, as defined under
s. 813.122 (1) (a), or child abuse under
ss. 948.02 to
948.11.
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.
895.73(3)
(3) Failure to exercise right not grounds for appeal. The failure of a complainant to exercise a right under this section is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.
895.75
895.75
Physical injury, emotional distress, loss or damage suffered by members of certain groups. 895.75(1)
(1) If a person suffers physical injury to his or her person or emotional distress or damage to or loss of his or her property by reason of conduct that is prohibited under
s. 943.012 and that causes damage to any property specified in
s. 943.012 (1) to
(4) or by reason of conduct that is grounds for a penalty increase under
s. 939.645 (1), the person has a civil cause of action against the person who caused the physical injury, emotional distress, damage or loss.
895.75(2)
(2) The burden of proof in a civil action under
sub. (1) rests with the person who suffers the physical injury, emotional distress, damage or loss to prove his or her case by a preponderance of the credible evidence.
895.75(3)
(3) If the plaintiff prevails in a civil action under
sub. (1), he or she may recover special and general damages, including damages for emotional distress; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation which were reasonably incurred.
895.75(4)
(4) A person may bring a civil action under
sub. (1) regardless of whether there has been a criminal action related to the physical injury, emotional distress, loss or damage under
sub. (1) and regardless of the outcome of any such criminal action.
895.75(5)
(5) This section does not limit the right of a person to recover from any parent or parents under
s. 895.035.
895.75 History
History: 1987 a. 348;
2003 a. 243.
895.76
895.76
Limits on recovery by prisoners. A prisoner, as defined in
s. 801.02 (7) (a) 2., may not recover damages for mental or emotional injury unless the prisoner shows that he or she has suffered a physical injury as a result of the same incident that caused the mental or emotional injury.
895.76 History
History: 1997 a. 133.
895.77
895.77
Injury caused by criminal gang activity. 895.77(1)(c)
(c) "Political subdivision" means a city, village, town or county.
895.77(2)(a)(a) The state, a school district or a political subdivision may bring an action in circuit court for any expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency or other personnel or resources if the expenditure of money by the state, a school district or a political subdivision is the result of criminal gang activity.
895.77(2)(b)
(b) Any person who suffers physical injury or incurs property damage or loss resulting from any criminal gang activity has a cause of action for the actual damages sustained. The burden of proof in a civil action under this paragraph rests with the person who suffers the physical injury or property damage or loss to prove his or her case by a preponderance of the credible evidence.
895.77(2)(c)
(c) The action may be brought against the criminal gang or against any member, leader, officer or organizer of a criminal gang who participates in a criminal gang activity or who authorizes, causes, orders, ratifies, requests or suggests a criminal gang activity. An action brought under this subsection shall also name as defendants the criminal gang and any criminal gang members that participated in the criminal gang activity. An action brought under this subsection may name, as a class of defendants, all unknown criminal gang members.
895.77(2)(d)
(d) The plaintiff may bring a civil action under this subsection regardless of whether there has been a criminal action related to the injury, property damage or loss or expenditure of money under
par. (a) or
(b) and regardless of the outcome of that criminal action.
895.77(3)
(3) Service of process. A summons may be served individually upon any member, leader, officer or organizer of a criminal gang by service as provided under
s. 801.11 (1),
(2),
(5) or
(6) where the claim sued upon arises out of or relates to criminal gang activity within this state sufficient to subject a defendant to personal jurisdiction under
s. 801.05 (2) to
(10). A judgment rendered after service under this subsection is a binding adjudication against the criminal gang.
895.77(4)
(4) Injunctive relief, damages, costs and fees. 895.77(4)(a)(a) The court, upon the request of the state, a school district or a political subdivision, may grant an injunction restraining an individual from committing an act that would injure the state, a school district or a political subdivision or may order such other relief as the court determines is proper.
895.77(4)(b)
(b) The court may order a criminal gang member to divest himself or herself of any interest or involvement in any criminal gang activity and may restrict a criminal gang member from engaging in any future criminal gang activity.
895.77(4)(c)
(c) In addition to the costs allowed under
s. 814.04, a final judgment in an action under
sub. (2) (a) in favor of the plaintiff shall include compensatory damages for the expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency or other personnel or resources caused by the criminal gang activity and compensation for the costs of the investigation and prosecution and reasonable attorney fees.
895.77(4)(d)
(d) In addition to the costs allowed under
s. 814.04, a final judgment in an action under
sub. (2) (b) in favor of the plaintiff shall include attorney fees and the costs of the investigation and litigation.
895.77(4)(e)
(e) The final judgment in favor of the plaintiff in an action under
sub. (2) (a) or
(b) may include punitive damages assessed against a criminal gang leader, officer, organizer or member who is found to have participated in criminal gang activity.
895.77 History
History: 1993 a. 98.
895.78
895.78
Limiting felon's right to damages. 895.78(1)(a)
(a) "Crime" means a crime under the laws of this state or under federal law.
895.78(1)(b)
(b) "Damages" means damages for an injury to real or personal property, for death, or for personal injury.
895.78(1)(c)
(c) "Felony" means a felony under the laws of this state or under federal law.
895.78(1)(d)
(d) "Victim" means a person against whom an act constituting a felony was committed.
895.78(2)
(2) No person may recover damages from any of the following persons for injury or death incurred while committing, or as a result of committing, an act that constituted a felony, if the person was convicted of a felony for that act:
895.78(2)(b)
(b) An individual other than a victim of that felony who assisted or attempted to assist in the prevention of the act, who assisted or attempted to assist in the protection of the victim, or who assisted or attempted to assist in the apprehension or detention of the person committing the act unless the individual who assisted or attempted to assist is convicted of a crime as a result of his or her assistance or attempted assistance.
895.78(3)
(3) This section does not prohibit a person from recovering damages for death or personal injury resulting from a device used to provide security that is intended or likely to cause great bodily harm, as defined in
s. 939.22 (14), or death.
895.78(4)(a)(a) Any applicable statute of limitations for an action to recover damages against a person described under
sub. (2) (a) or
(b) for injury or death incurred while committing, or as a result of committing, an act that constituted a felony is tolled during the period beginning with the commencement of a criminal proceeding charging the person who committed the act with a felony for that act and ending with the final disposition, as defined in
s. 893.13 (1), of the criminal proceeding.
895.78(4)(b)
(b) Any applicable statute of limitations for an action to recover damages from an individual described under
sub. (2) (b) for injury or death incurred while committing, or as a result of committing, an act that constituted a felony is tolled during the period beginning with the commencement of a criminal proceeding charging the individual described under
sub. (2) (b) with a crime as a result of his or her assistance or attempt to assist and ending with the final disposition, as defined in
s. 893.13 (1), of the criminal proceeding. This paragraph does not apply if a criminal proceeding described in
par. (a) does not result in a felony conviction and there is no other criminal proceeding described under
par. (a) pending.
895.78(5)
(5) A court may stay a civil action described under
sub. (2) until the final disposition of a criminal proceeding described under
sub. (4).
895.78 History
History: 2003 a. 87.
895.79
895.79
Damage to certain machines. 895.79(1)
(1) An owner of a machine operated by the insertion of coins, currency, debit cards or credit cards that is damaged by a person acting with the intent to commit a theft from that machine may bring an action against the person.
895.79(2)
(2) The owner has the burden of proving his or her case under
sub. (1) by a preponderance of the credible evidence.
895.79(3)
(3) If the owner prevails in a civil action under
sub. (1), he or she may recover all of the following:
895.79(3)(b)
(b) Costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.
895.79(4)
(4) An owner may bring a civil action under
sub. (1) regardless of whether there has been a criminal action related to the damage under
sub. (1) and regardless of the outcome of any such criminal action.
895.79 History
History: 1995 a. 133.
895.80
895.80
Property damage or loss. 895.80(1)
(1) Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under
s. 943.01,
943.20,
943.21,
943.24,
943.26,
943.34,
943.395,
943.41,
943.50,
943.61,
943.74, or
943.76, or by reason of intentional conduct that occurs on or after April 28, 1998, and that is prohibited under
s. 943.201 or
943.203, or by reason of intentional conduct that occurs on or after July 1, 2004, and that is prohibited under
s. 943.011,
943.012, or
943.017, has a cause of action against the person who caused the damage or loss.
895.80(2)
(2) The burden of proof in a civil action under
sub. (1) is with the person who suffers damage or loss to prove a violation of
s. 943.01,
943.011,
943.012,
943.017,
943.20,
943.201,
943.203,
943.21,
943.24,
943.26,
943.34,
943.395,
943.41,
943.50,
943.61,
943.74, or
943.76 by a preponderance of the credible evidence. A conviction under
s. 943.01,
943.011,
943.012,
943.017,
943.20,
943.201,
943.203,
943.21,
943.24,
943.26,
943.34,
943.395,
943.41,
943.50,
943.61,
943.74, or
943.76 is not required to bring an action, obtain a judgment, or collect on that judgment under this section.
895.80(3)
(3) If the plaintiff prevails in a civil action under
sub. (1), he or she may recover all of the following:
