Wisconsin Constitution
Article IV - Legislative
Section 27 - Suits against state.

Universal Citation: WI Const art IV § 27
The legislature shall direct by law in what manner and in what courts suits may be brought against the state.

An action will not lie against the secretary of revenue for a refund of a sales tax deposit as that is an action against the state and it was not alleged that the secretary acted outside his authority. Appel v. Halverson, 50 Wis. 2d 230, 184 N.W.2d 99.

Since the mandate of this section is to the legislature, the supreme court cannot judicially intervene to change the doctrine of procedural immunity and thereby correct the anomaly that arises as a result of the constitutional restriction, absent legislative implementation, of tort suits against the state. Cords v. State, 62 Wis. 2d 42, 214 N.W.2d 405.

A state agency or officer may not waive the state's sovereign immunity without specific authorization, nor will principles of estoppel be applied to deprive the state of its sovereign rights. Lister v. Bd. of Regents, 72 Wis. 2d 282, 240 N.W.2d 610.

Although courts have common law jurisdiction to enforce arbitration awards generally, they cannot enforce awards against the state absent express legislative authorization. Teaching Assistants Assoc. v. UW-Madison, 96 Wis. 2d 492, 292 N.W.2d 657 (Ct. App. 1980).

The doctrine of sovereign immunity cannot bar an action for just compensation based on a taking of private property for public use even though the legislature has failed to establish specific provisions for the recovery of just compensation. Zinn v. State, 112 Wis. 2d 417, 334 N.W.2d 67 (1983).

A waiver of sovereign immunity in the creation of a state agency is discussed. Busse v. Dane County Regional Planning Comm. 181 Wis. 2d 527, 510 N.W.2d 136 (Ct. App. 1993).

Sovereign immunity does not apply to arbitration. State v. P. G. Miron Const. Co., Inc. 181 Wis. 2d 1045, 512 N.W.2d 499 (1994).

A specific performance action is a suit under this section. The legislature has not consented to be sued for specific performance, and such an action is not permitted against the state. Erickson Oil Products, Inc. v. DOT, 184 Wis. 2d 36, 516 N.W.2d 755 (Ct. App. 1994).

The state waives its sovereign immunity when it creates an agency as an independent going concern. Bahr v. State Investment Bd. 186 Wis. 2d 379, 521 N.W.2d 152 (Ct. App. 1994).

A county's appeal of an ex parte order that it was responsible for court costs incurred by the state public defender for an indigent defendant was not an action “brought" against the state. The public defender could not assert that the appeal was barred by sovereign immunity. Polk County v. State Public Defender, 188 Wis. 2d 665, 524 N.W.2d 389 (1994).

Although the general rule is that waivers of sovereign immunity must be read narrowly, when a statute provides a clear, express, and broadly worded consent to sue, the rule of narrow construction will not be applied anew to every type of claim brought under the statute. German v. DOT, 223 Wis. 2d 525, 589 N.W.2d 651 (Ct. App. 1998), 98-0250.

When the state creates an entity independent from the state, which acts as neither its arm nor its agent, such entity falls outside the protection of sovereign immunity. The determination that a state entity is an independent going concern is a narrow exception to sovereign immunity. In determining whether a state entity is an independent going concern, courts should consider both the character and breadth of the statutory powers granted to the entity. Mayhugh v. State, 2015 WI 77, 364 Wis. 2d 208m 867 N.W.2d 754, 13-1023.

Section 301.04, which permits the Department of Corrections (DOC) to sue and be sued, is not an express waiver of the DOC's tort immunity but rather addresses the DOC's capacity to be sued. Mayhugh v. State, 2015 WI 77, 364 Wis. 2d 208m 867 N.W.2d 754, 13-1023.

Congress lacks the power to subject the states to private suits in their own state courts. Alder v. Maine, 527 U.S. 706, 144. L. Ed. 2d 636 (1999).

The state has removed only the substantive defense of governmental tort immunity and the state constitutional barrier providing that the state may be sued only upon its consent remains. Knox v. Regents of University of Wisconsin, 385 F. Supp. 886.

State immunity from suit. 1971 WLR 879.

Disclaimer: This Constitution may not be the most recent version. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information on this site. The official state website may have more current and complete information.