Ott v. City of Milwaukee, No. 11-1541 (7th Cir. 2012)
Annotate this CasePlaintiff-Appellee Chaunte Ott was wrongly convicted and incarcerated for the 1995 murder of Jessica Payne. He brought a civil rights action against the City of Milwaukee and several police officers. This appeal was filed when Plaintiff served subpoenas on two non-party state agencies, the Wisconsin Crime Laboratory and the Wisconsin Department of Corrections. Rather than comply, the state agencies filed motions to quash. The district court denied those motions, at which point the state agencies filed this appeal, invoking jurisdiction under the collateral-order doctrine. Upon review, the Seventh Circuit concluded that this was not a proper case for that basis of jurisdiction, in light of the Supreme Court's decision in "Mohawk Industries, Inc. v.Carpenter," (130 S. Ct. 599 (2009)): "[the Court added] that even if [it] read "Mohawk Industries" too strictly and jurisdiction [was] proper, [the Court] would find that the state agencies' arguments lack[ed] merit."
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