Gregory Barillari and Margaret Book Reviews

Gregory Barillari and Margaret by Supreme Court of Wisconsin Book Summary

REVIEW OF A DECISION OF THE COURT OF APPEALS JANINE P. GESKE, J. The petitioner, the City of Milwaukee (the City), requests review of a published decision of the court of appeals, Barillari v. Milwaukee, 186 Wis. 2d 415, 521 N.W.2d 144 (Ct. App. 1994), reversing a judgment of the circuit court for Milwaukee County, William D. Gardner, Circuit Judge. The circuit court, on summary judgment, dismissed an action against the City for the wrongful death of Shannon Barillari (Shannon). The action arose out of an incident in which Shannon was killed by her ex-boyfriend, Charles Estergard (Estergard), who then committed suicide. Shannon's parents, her estate, and her siblings (the Barillaris) filed suit against the City, claiming that the City, through the police department and two of its detectives, was negligent in failing to (a) apprehend and arrest Estergard or (b) otherwise notify Shannon and her mother that he had not been arrested. According to the Barillaris, once the detectives gave assurances that certain actions would be taken to apprehend Estergard, their discretionary acts, for which they enjoyed immunity from liability, were transformed to ministerial duties, to which no immunity attached.

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