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TOELLER v. WISCONSIN DEPT. OF CORRECTIONS

No. 03-C-826.

296 F.Supp.2d 946 (2003)

George S. TOELLER, Plaintiff, v. State of WISCONSIN DEPARTMENT OF CORRECTIONS, Defendant.

United States District Court, E.D. Wisconsin.

December 23, 2003.

Attorney(s) appearing for the Case

Robert M Mihelich, Law Offices of Robert M. Mihelich, New Berlin, WI, for Plaintiff.

Richard Briles Moriarty, Wisconsin Department of Justice, Office of the Attorney General, Madison, WI, for Defendant.

DECISION AND ORDER DENYING THE DEFENDANT'S MOTION TO DISMISS

GOODSTEIN, United States Magistrate Judge.

On August 29, 2003, the plaintiff filed a complaint against the State of Wisconsin Department of Corrections ("DOC"). The complaint charges the defendant with terminating his employment in retaliation for the plaintiff's assertion of his rights under the Family Medical Leave Act ("FMLA") 29 U.S.C. § 2615(a). The plaintiff sought medical leave due...

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