Civil Litigation Unit

The Civil Litigation Unit is responsible for providing legal defense at both the trial and appellate levels in civil rights, tort, and employment cases brought against the State of Wisconsin, its agencies, its university system, and State employees.

Typical Civil Rights Suits

• Allegations of cruel and unusual punishment in the prison context
• Challenges to searches and seizures by law enforcement
• Equal protection challenges
• Substantive and procedural due process challenges
• Allegations of infringement on First Amendment rights

Typical Torts

• Medical negligence
• Automobile accidents
• Defamation
• Lost business profits due to arbitrary agency action
• Property damage

The unit provides a number of important functions involving civil litigation matters, including:

• Handling subrogation and labor standards enforcement programs
• Providing representation to university medical faculty physicians in malpractice cases.
• Defending the State when it is sued as an employer under state or federal law
• Enforcing state labor standards laws
• Handling the State's eminent domain litigation
• Advising and representing the Department of Employee Trust Funds on retirement and benefit matters
• Representing administrative agencies when their employment-related decisions are challenged in court

Wisconsin law does not authorize the Attorney General and employees of the Department of Justice to provide legal advice to private individuals. If you need legal advice or representation you may want to contact a private attorney.  The State Bar of Wisconsin Lawyer Referral and Information Service can help you determine if you need a lawyer, and how to proceed if you do.

Frequently Requested Resource