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Division of Legal Services
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Kevin Potter, Administrator • Biography
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Civil Litigation Unit
The Civil Litigation Unit has responsibility 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. Although not
an exhaustive listing, typical civil rights suits include:
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, and
allegations of infringement on First Amendment rights. Typical
torts include: medical negligence, automobile accidents,
defamation, lost business profits due to arbitrary agency action, and
property damage. The Civil Litigation Unit handles the subrogation
and labor standards enforcement programs. It provides
representation to university medical faculty physicians in malpractice
cases. The Civil Litigation Unit handles the State's eminent
domain litigation and appeals and defends the state when it is sued as
an employer under state or federal law. It also enforces state
labor standards laws, advises and represents the Department of Employee
Trust Funds on retirement and benefit matters, and represents
administrative agencies when their employment-related decisions are
challenged in court.
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