[DOWNLOAD] "Isabelle A. Wilson v. Waukesha County" by Third Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free

eBook details
- Title: Isabelle A. Wilson v. Waukesha County
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 29, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Isabelle A. Wilson appeals from a circuit court summary judgment dismissing her personal injury claim against Waukesha county. Wilson raises two issues on appeal: (1) whether Waukesha county "maliciously" failed to warn her of an unsafe condition on county land and therefore cannot claim immunity from liability under Wisconsins recreational use immunity statute, sec. 895.52, Stats.; and (2) whether Waukesha county deprived her of constitutional rights in violation of 42 U.S.C. sec. 1983. Based on the summary judgment record in this case, we conclude that Waukesha county did not act maliciously, as we define that term in sec. 895.52(4)(b). We also conclude that Wilsons section 1983 claim does not flow from a governmental policy or custom -- an essential allegation to a viable section 1983 action. Accordingly, we affirm the judgment of the trial court.