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Appeals court: Judge correct in tossing lawsuit against John Doe prosecutor

Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

WAUSAU, WI (WTAQ) - A state appeals court said a judge was correct in throwing out a lawsuit against a prosecutor in the John Doe probe involving Scott Walker's former Milwaukee County aides.

Christopher Brekken, a Harley-Davidson dealer in Rice Lake, said he was essentially the victim of false imprisonment when Milwaukee prosecutor Bruce Landgraf subpoenaed him.

The assistant DA wanted records of credit card purchases from Brekken's dealership. They were apparently connected with Governor Walker's former annual Harley rides throughout Wisconsin when he was the Milwaukee County executive.  

Brekken said he could not find the requested data, so Landgraf made him drive 300 miles to Milwaukee and testify about what he knew. Brekken said Landgraf had a vendetta against him, because he hung up the phone when the prosecutor first called.

Barron County Circuit Judge Timothy Doyle said Brekken should have filed a claim against the state before going to court in 2012. Tuesday morning, the Third District Appellate Court in Wausau agreed.

The judge also said Landgraf had immunity anyway, because he was doing his job as a state prosecutor at the time.

(Story courtesy of Wheeler News Service)