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I.B. v. Molepske6/26/1998
ON REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 211 Wis. 2d 572, 565 N.W.2d 549 (Ct. App. 1997-PUBLISHED)
Submitted on Briefs: Oral Argument: April 29, 1998
Source of APPEAL COURT: Circuit COUNTY: Portage JUDGE: Lewis W. Charles
Not Participating: Bradley, J., did not participate
Amicus Curiae brief was filed by James A. Walrath and James M. Brennan, Milwaukee for the Legal Aid Society of Milwaukee, Inc.
Amicus curiae brief was filed by Mark K. Thomsen and Cannon & Dunphy, S.C., Brookfield for the Wisconsin Academy of Trial Lawyers.
Amicus curiae brief was filed by Gregg Herman, Matthew J. Price and Loeb & Herman, S.C.; Peggy L. Podell, and Podell & Podell, all of Milwaukee for the Family Law Section of the State Bar of Wisconsin.
REVIEW of a decision of the Court of Appeals. Affirmed.
The sole issue in this case is whether an attorney-guardian ad litem (GAL) appointed by the circuit court pursuant to Wis. Stat. Section 767.045 (1993-94) to represent the best interests of a child in a custody dispute is entitled to absolute quasi-judicial immunity for the negligent performance of his or her duties. Both the circuit court and the court of appeals recognized such absolute quasi-judicial immunity.
. This case is before the court on petition for review of a published opinion of the court of appeals, Paige K. B. v. Molepske, 211 Wis. 2d 572, 565 N.W.2d 549 (Ct. App. 1997), affirming an order of the Circuit Court for Portage County, Lewis W. Charles, Judge. The circuit court granted summary judgment to the defendant, Attorney Dennis J. Massoglia, and his liability insurance carrier, concluding that, as a GAL appointed by the court pursuant to Wis. Stat. Section 767.045, he enjoyed absolute quasi-judicial immunity from liability in a negligence action arising out of his professional services. The court of appeals unanimously affirmed. We granted the petition for review filed by the plaintiffs, Paige K. B. and Kaitlin I. B., and now affirm the decision of the court of appeals.
. The relevant facts of this case, as represented by the court of appeals, are simple and undisputed. The plaintiffs' parents, Steven J. B. (Steven) and Lauralie H. B. (Lauralie), were married in 1987. In 1990, Steven filed a petition for divorce. Pursuant to Wis. Stat. Section 767.045(1)(a), the circuit court appointed Massoglia as GAL to represent the best interests of the children during the divorce and custody proceedings between Steven and Lauralie. On May 10, 1990, the circuit court issued a temporary order awarding Steven and Lauralie joint custody over the children.
. During the divorce proceedings, allegations arose that Steven had sexually abused the children during his marriage to Lauralie. Three psychologists were appointed to examine the children. Massoglia petitioned the court for psychological testing based upon allegations by both parents of alcoholism, drug abuse, and abuse of the children. Dr. Jay Cleve conducted this examination. Another psychologist employed by the Portage County Department of Human Services, Dr. Richard Williams, also evaluated the children. Steven requested a third psychologist, Dr. Sue Seitz, through a motion to the circuit court seeking an order that the children be examined by an independent clinical psychologist. All three psychologists testified during the custody proceedings. Dr. Williams testified that Steven had probably sexually abused the children. Dr. Seitz testified that she found no evidence to support the allegation of sexual abuse. Dr. Cleve testified that, based on his examination, he could not express a definitive opi
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