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Hallquist v. Johnson, No. 22-82, 2022 WL 816577 (E.D. Wis. Mar. 17, 2022) (Griesbach, J.)

Date

Hallquist v. Johnson, No. 22-82, 2022 WL 816577 (E.D. Wis. Mar. 17, 2022) (Griesbach, J.)

Re:  Request for records from Sen. Johnson

Disposition:  Granting defendant's motion to dismiss

  • Litigation Considerations, Jurisdiction:  "Even if the Court were to construe Plaintiff's complaint as one seeking relief under FOIA, the United States' waiver of sovereign immunity in such cases extends only to those suits filed in federal court."  "As a result, the Winnebago County Circuit Court would not have had jurisdiction to entertain this suit under FOIA either, and this Court lacks jurisdiction to hear this case based on the doctrine of derivative jurisdiction."  "Because the Winnebago County Circuit Court lacked jurisdiction to hear this case, this Court obtained no jurisdiction upon removal, and therefore, the case must be dismissed."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Jurisdiction
Updated April 7, 2022