Wisconsin Statutes & Annotations
Chapter 782 - Habeas corpus.
782.09 - Refusal of writ.

782.09 Refusal of writ. Any judge who refuses to grant a writ of habeas corpus, when legally applied for, is liable to the prisoner in the sum of $1,000.
History: 1979 c. 32 s. 59; 1979 c. 176, 355; Stats. 1979 s. 782.09.
Comity between circuit courts was not a sufficient reason to refuse to issue a writ but, under the facts of the case, the penalty under this section was inappropriate. J.V. v. Barron, 112 Wis. 2d 256, 332 N.W.2d 796 (1983).
The filing of a petition for a writ with the clerk of courts is a prerequisite to an action against a judge under this section. Maier v. Byrnes, 121 Wis. 2d 258, 358 N.W.2d 833 (Ct. App. 1984).

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 782 - Habeas corpus.

782.01 - Habeas corpus, who to have; definitions.

782.02 - Who not entitled to.

782.03 - Petition for writ.

782.04 - Petition; contents.

782.05 - Application to officer in another county.

782.06 - Writ granted without delay.

782.07 - Form of writ.

782.08 - Writ, when sufficient.

782.09 - Refusal of writ.

782.10 - Writ, who may serve.

782.11 - Petitioner, when to pay charges.

782.12 - Service of writ, when complete.

782.13 - Return to writ.

782.14 - Return, what to state.

782.15 - Prisoner produced, exception.

782.16 - Obedience to writ compelled.

782.17 - Attachment of sheriff.

782.18 - Attachment may issue.

782.19 - Return may be traversed.

782.20 - When party discharged.

782.21 - When remanded.

782.22 - Discharge if in custody under process.

782.23 - Prisoner, when bailed.

782.24 - Prisoner, when remanded.

782.25 - Custody of prisoner pending proceedings.

782.26 - Interested person notified.

782.27 - Notice to district attorney.

782.28 - Transfer from circuit court commissioner.

782.29 - Proceedings in absence of prisoner; appearance by attorney.

782.30 - Order of discharge, how enforced, action for damages.

782.31 - Nonliability of officers.

782.32 - Reimprisonment for same cause; when cause not same.

782.33 - Warrant in lieu of writ.

782.34 - Order of arrest.

782.35 - Warrant, how executed.

782.36 - Proceedings for unlawful detention.

782.37 - Penalty for refusing papers.

782.38 - Reimprisoning party discharged.

782.39 - Concealment of person entitled to writ.

782.44 - Prisoner brought for trial or as witness.

782.45 - Witness fees, inmates of state institutions.

782.46 - Habeas corpus not available to prisoners passing through this state.