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HENES v. MORRISSEY

No. 93-3116.

194 Wis.2d 338 (1995)

533 N.W.2d 802

Joseph S. HENES, Plaintiff-Respondent, v. Matt MORRISSEY, individually and in his official capacity as a Deputy Sheriff of the County of Oconoto and Michael Zahn, individually and in his capacity as Lieutenant of the County of Oconto, Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided June 27, 1995.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs by Donald L. Romundson, Terence J. Bouressa and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay and oral argument by Donald L. Romundson.

For the plaintiff-respondent there was a brief and oral argument by Gene M. Potack, Menominee, MI.

WILLIAM A. BABLITCH, J.

Matt Morrissey and Michael Zahn seek review of a court of appeals' decision denying them qualified immunity in a 42 U.S.C. sec. 1983 action brought against them by Joseph Henes. In August 1991, Morrissey and Zahn arrested Henes for obstruction when he refused to identify himself during an investigatory stop. We reverse the court of appeals. Although we agree with the court of appeals that the deputies had reasonable suspicion to stop and question...

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