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
782.01 - Habeas corpus, who to have; definitions.
782.05 - Application to officer in another county.
782.06 - Writ granted without delay.
782.08 - Writ, when sufficient.
782.11 - Petitioner, when to pay charges.
782.12 - Service of writ, when complete.
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.
782.22 - 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.
782.35 - 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.