Torts
Notice of claim

Daniel J. Fouliard appeals an order for summary judgment in favor of defendant court clerk Claudia Bierdemann. Fouliard brought this small claims action alleging that Bierdemann gave him legal advice and committed other purported wrongs, thereby hindering his litigation of an OWI case. The small claims court dismissed Fouliard's suit for several reasons, including failure to state a compensable claim (he sued under criminal statutes that do not provide a civil remedy), failure to file a notice of claim pursuant to Wis. Stat. § 893.80, and Bierdemann's quasi-judicial immunity. Fouliard contends that the notice of claim was not necessary because Bierdemann violated a ministerial duty not to give legal advice. Fouliard also asserts that because of Bierdemann's alleged ministerial duty, the circuit court erred when it concluded that Bierdemann was protected under quasi-judicial immunity. We affirm the circuit court's decision. Fouliard is incorrect when he claims that a violation of a ministerial duty renders a notice of claim unnecessary. Even were this not the case, Fouliard has not suffered any compensable damages. Having disposed of this appeal on these grounds, we need not address the issue of Bierdemann's quasi-judicial immunity. This opinion will not be published.

2007AP2228 Fouliard v. Bierdemann

Dist II, Waukesha County, Foster, J., Brown, C.J.

Attorneys: For Appellant: Fouliard, Daniel J., pro se; For Respondent: Kershek, E. Joseph, Milwaukee

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