Bryant Stempski v. Janel Heinrich

Appeal Number 2021AP001434 - OA

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
10-04-2021
Remittitur

OCCD
SC
08-27-2021
Opinion/Decision
Opinion: Per Curiam
Decision: Denied Pages: 11
Order Text: IT IS ORDERED that the petition for leave to commence an original action is denied; and
IT IS FURTHER ORDERED that the motion for temporary injunctive relief is dismissed because the court is not exercising its original jurisdiction.
ANNETTE KINGSLAND ZIEGLER, C.J. (dissenting). I dissent because, once again, this court abdicates its responsibility to "say what the law is."1 Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803).
REBECCA GRASSL BRADLEY joins this dissent.
PATIENCE DRAKE ROGGENSACK, J. (dissenting). On Tuesday, August 17, 2021 at 10:28 a. m., Janel Heinrich, acting as the health officer for Madison and Dane County, issued a very broad masking order that became effective Thursday, August 19, 2021 at 12:01 a.m. Her order was issued without notice or an opportunity to be heard.
REBECCA GRASSL BRADLEY, J. (dissenting). Without offering any explanation to the people of Wisconsin who elected them, a majority of this court shirks its institutional responsibility to decide yet another case alleging an unlawful deprivation of liberty.
ANNETTE KINGSLAND ZIEGLER joins this dissent.

OCCD
SC
08-26-2021
Motion for Miscellaneous Relief
Filed By: Daniel Lennington
Submit Date: 8-26-2021
Decision: (G) Grant
Decision Date: 8-27-2021
IT IS ORDERED that the motion is granted, and the reply memorandum is accepted for filing.
Comment: Petitioner's Motion to File Reply to POA and MST

OCCD
SC
08-24-2021
Notice of Appearance
Comment: Notice of Appearance - Bitar and Zurfluh for respondents

OCCD
SC
08-24-2021
Response
Comment: Response to petition due by respondents by 12:00pm, responses shall be emailed and 10 paper copies filed within 24 hours of electronic filing - per CTO of 8/19/21. response filed 8/24/21 as ordered.

OCCD
SC
08-19-2021
Court Order
IT IS ORDERED that respondents, Janel Heinrich, Dane County, City of Madison, and Public Health of Madison & Dane County, shall file a response to the petition by 12:00 p.m. on Tuesday, August 24, 2021. The response shall be filed as an attachment in pdf format to an email addressed to clerk@wicourts.gov. See Wis. Stat. 809.14, 809.80, and 809.81. The respondents shall also ensure a paper original and 10 copies of the response are received by the clerk within 24 hours of the electronic filing with the following notation on the top of the first page: "This document was previously filed via email."

OCCD
SC
08-18-2021
Fee Paid
Comment: Receipt No: 21R 001902

OCCD
SC
08-18-2021
Motion for Stay
Filed By: Daniel Lennington
Submit Date: 8-18-2021
Decision: (M) Dismiss
Decision Date: 8-27-2021
IT IS ORDERED that the petition for leave to commence an original action is denied; and
IT IS FURTHER ORDERED that the motion for temporary injunctive relief is dismissed because the court is not exercising its original jurisdiction.
ANNETTE KINGSLAND ZIEGLER, C.J. (dissenting). I dissent because, once again, this court abdicates its responsibility to "say what the law is."1 Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803).
REBECCA GRASSL BRADLEY joins this dissent.
PATIENCE DRAKE ROGGENSACK, J. (dissenting). On Tuesday, August 17, 2021 at 10:28 a. m., Janel Heinrich, acting as the health officer for Madison and Dane County, issued a very broad masking order that became effective Thursday, August 19, 2021 at 12:01 a.m. Her order was issued without notice or an opportunity to be heard.
REBECCA GRASSL BRADLEY, J. (dissenting). Without offering any explanation to the people of Wisconsin who elected them, a majority of this court shirks its institutional responsibility to decide yet another case alleging an unlawful deprivation of liberty.
ANNETTE KINGSLAND ZIEGLER joins this dissent.
Comment: emergency motion for stay - needed by 12:01am 8/19/21

OCCD
SC
08-18-2021
Petition for an Original Action
Filed By: Daniel Lennington
Submit Date: 8-18-2021
Decision: (D) Deny
Decision Date: 8-27-2021
IT IS ORDERED that the petition for leave to commence an original action is denied; and
IT IS FURTHER ORDERED that the motion for temporary injunctive relief is dismissed because the court is not exercising its original jurisdiction.
ANNETTE KINGSLAND ZIEGLER, C.J. (dissenting). I dissent because, once again, this court abdicates its responsibility to "say what the law is."1 Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803).
REBECCA GRASSL BRADLEY joins this dissent.
PATIENCE DRAKE ROGGENSACK, J. (dissenting). On Tuesday, August 17, 2021 at 10:28 a. m., Janel Heinrich, acting as the health officer for Madison and Dane County, issued a very broad masking order that became effective Thursday, August 19, 2021 at 12:01 a.m. Her order was issued without notice or an opportunity to be heard.
REBECCA GRASSL BRADLEY, J. (dissenting). Without offering any explanation to the people of Wisconsin who elected them, a majority of this court shirks its institutional responsibility to decide yet another case alleging an unlawful deprivation of liberty.
ANNETTE KINGSLAND ZIEGLER joins this dissent.
Motion Response
Filed By: Remzy Bitar
Submit Date: 8-24-2021
Motion Response
Filed By: Daniel Lennington
Submit Date: 8-27-2021
Comment: Response to Petition for an Original Action Reply in Support of Petition for an Original Action