Wisconsin
How Adams v. State of Michigan applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Torts.
Wisconsin law similarly recognizes the principles of sovereign immunity, limiting basis for tort claims against the state. Wisconsin, however, allows for some exceptions under the Tort Claims Act that create a more permissive environment for pursuing claims compared to Michigan's historical strict application of sovereign immunity.
Under Wisconsin Statute § 893.80, the state is immune from liability for certain acts, although it may be liable for tortious acts performed by its employees if the claim falls within the statutory exceptions.
The court ruled that while sovereign immunity applies, the state could still be liable if the conduct at issue fell within an exception provided by statute.
This case established that negligence by state employees could lead to liability if it occurs within the scope of employment and fits within the Tort Claims Act.
The court held that certain governmental functions are immune from tort claims, but clarified the parameters of liability under specific situations involving governmental negligence.
Wisconsin's approach to sovereign immunity under state law includes more explicit statutory exceptions compared to the federal standard, which follows the concept that immunity is generally upheld unless explicitly waived by Congress. Federal law does grant limited liability under certain circumstances (Federal Tort Claims Act), but those are more constrained than in Wisconsin's statutes.
Expect questions on Wisconsin's application of sovereign immunity and exceptions relevant to tort claims, particularly how they differ from federal standards.