View Summary
AARON D. WEINBERGER, as administrator of the Estate of JEREMIAH BENJAMIN WEINBERGER, AARON DAVID WEINBERGER, as father of Jeremiah Benjamin Weinberger, Plaintiff-Appellant,
vs.
STATE OF WISCONSIN, DONNA CHESTER, Probation Officer and as yet unnamed probation officers and employees, Defendants-Appellees.
Click Here to Read the Full Case Summary
Issues:
Negligence, evidence, public employees, policy and procedure
Case Summary:
The survivors of a victim of convicted mass murderer Jeffrey Dahmer appeal a lower court's ruling in a suit involving officials with the state's probation department. The family of Jeremiah Weinberger filed suit the officials, claiming negligence in their handling of Dahmer's probation. The Weinbergers claimed state officials knew Dahmer violated several conditions of his probation but failed to send him back to prison. The family argued that had the state acted properly Dahmer would not have been free to commit his crimes. The state responded with a motion for summary judgment.
Decision of lower jurisdiction:
A U.S. District Court granted the defendants' motion for summary judgment. The court ruled the doctrine of official immunity protected the state officials from liability for their actions. The Weinbergers appeal the court's decision.
Outcome:
Weinberger loses. The United States Court of Appeals for the Seventh Circuit affirmed the district court's decision. The appeals court ruled Weinberger submitted not evidence to support his complaint.