Supervisor Wake approved and executed the waivers after considering such factors as favorable supervision adjustment, stability of residence, agent workload and potential danger to the agent. Daniels v. Williams, 474 U.S. 327, 328, 106 S. Ct. 662, 663, 88 L. Ed. Officer Chester also stated that she "never had any grounds to take any disciplinary action against Dahmer or to suspect that home visits would have been of material benefit in his supervision." R.10 para. Mr. Weinberger now appeals. Other names that Jeremiah uses includes Jeremiah B Weinberger. She requested permission to forego these visitations from her supervisor and received the requisite permission. He claims that the state had to provide the identity of that employee. Archie v. City of Racine, 847 F.2d 1211, 1219-20 (7th Cir.1988) (en banc), cert. Donna Chester, a probation and parole agent for the State of Wisconsin, assumed that position on January 9, 1990. There is no equitable basis for partial or "substantial" compliance, as Mr. Weinberger would wish. 56(c). Celotex, 477 U.S. at 322, 106 S.Ct. Code § DOC 328.04; see Felce v. Fiedler, 974 F.2d 1484, 1495 (7th Cir.1992). Officer Chester counseled him concerning his employment problems and called the Salvation Army to assist him with food and shelter. The administrative code section governing parole/probation supervision allows probation officers to establish probation conditions designed to "achieve the goals and objectives" of probation. Yotvat v. Roth, 95 Wis. 2d 357, 290 N.W.2d 524, 527 (Wis.Ct.App.1980). The case is Weinberger vs. Wisconsin, 97-310. No showing has been made that the Attorney General had the authority to waive the State's Eleventh Amendment immunity by removal. The district court granted summary judgment to Officer Chester on the state law claims because plaintiff failed to allege that he had filed a notice of claim that complied with Wis. Stat. Jeremiah's personal network of family, friends, associates & neighbors include Evelyn Tamburo, Pierpaolo Sarram, William Karkowsky, R Wood Spencer and Megan Weekley. The particular administrative rule at issue, § DOC 328.04, sets forth the requirement that a probation officer shall monitor a client according to the designated level of supervision. Officer Chester counseled him regarding his employment problem; however, because he seemed fully functional, she believed she did not have grounds to seek commitment or otherwise to detain him. In October 1990, the probation officer arranged for Dahmer to see a psychiatrist at DePaul. Weinberger, who lives in Chicago, sued Wisconsin and Dahmer’s probation officer, Donna Chester. Her bimonthly appointments with Dahmer lasted from 10 minutes to 1 hour, usually for more than half an hour. Court of Appeals for the Seventh Circuit. However, her attempt to enroll Dahmer in a sex offender treatment program failed; he was rejected because his crime did not fit the typical scenario of the child molester. Fed.R.Civ.P. at 488, and that Officer Chester also shared that immunity insofar as she was sued in her official capacity. Finally, we agree with the district court that Officer Chester is immune under state law from individual liability with respect to the state law claims. As the district court set forth in detail, see Weinberger v. Wisconsin, 906 F. Supp. In our view, the record simply will not support a determination that Officer Chester's conduct was reckless. Dahmer missed his July 10 appointment with Dr. Crowley and did not immediately notify Officer Chester about this lapse. As our earlier discussion makes clear, Officer Chester's actions were not "malicious, willful, or intentional." Weinberger’s appeal to the Supreme Court argued that Dahmer ``would not have killed if he did not have such a safe place to secure his victims.″. We also note that, although we need not reach the issue, Officer Chester would be permitted the defense of qualified immunity with respect to this due process allegation. Officer Chester ordered Dahmer to appear at her office, demanded an explanation and ordered a second urine analysis. She later referred him to a support group for gay men at the Counseling Center. WASHINGTON (AP) _ The father of one of serial killer Jeffrey Dahmer’s victims failed today in a Supreme Court bid to hold Dahmer’s probation officer legally responsible for his son’s death. We believe that Mr. Weinberger's claim under the Due Process Clause of the Fourteenth Amendment requires that we address but one issue.3 Assuming that the other prerequisites are met, it is well established that a cause of action alleging a violation of the Due Process Clause can be sustained only if it is established that the defendant's actions can be characterized as reckless. CourtListener is sponsored by the non-profit Free Law Project. A federal judge ruled for the state and Chester, and the 7th U.S. 105 F.3d 1182, Docket Number: 2d 66 (1982).2. In this way, she endangered persons and precipitated Dahmer's actions. When Dahmer told her that the medication was left over from a prior treatment, she warned him to cease taking any medication not currently prescribed. As usual, he complied, but told Officer Chester that he could not afford the antidepressant medication prescribed. However, after her May 13, 1991 appointment with Dahmer, in which he told her of a strangling in his apartment complex and his desire to move from there, she did more than advise him: She contacted the ABC Budget Company for him. He contends that her failure to make home visits enhanced the danger to a cognizable, at-risk group: namely, young minority homosexual males. The claims brought under §§ 1985 and 1986 were dismissed for failure to state any facts that would support such a claim. Servs., 489 U.S. 189, 195-96, 109 S. Ct. 998, 1002-03, 103 L. Ed. In determining that this claim must fail, the court first held that Mr. Weinberger had not established the basic causal premise that his son would not have been killed if Dahmer had not had the privacy of his apartment and the knowledge that he would not have been interrupted by a visit from his probation officer. None of the mental health officials who treated Dahmer while he was on probation suggested he was dangerous or needed additional supervision, the appeals court said. To defeat the motion, the nonmovant must show there is a genuine issue or dispute of material fact. For the foregoing reasons, the judgment of the district court is affirmed. 2d 249 (1989) (failure of state or local governmental official to prevent child abuse by private actor is not due process violation). He asserts that he presented the "gist of the claim" within the 120-day statutory time period and that he merely failed to identify which employee was involved in the conduct for which he sought to bring suit. The district court granted the defendants' summary judgment motion; it also dismissed the claim against the unnamed state officers. C.L. Id. 2d 67 (1984). Officer Chester did not make any home visits to Dahmer. Summary: Jeremiah Weinberger was born on 04/01/1967 and is 53 years old. We She then advised him concerning his money-spending habits, his lack of priorities and negative attitude. In her affidavit, the probation officer states: "Up to this point in time I had no legitimate or lawful grounds under departmental policies and rules to take Dahmer into custody or to revoke his probation." 2d 809 (1989). Filed: 2d 265 (1986). Dahmer called Officer Chester to tell her that he had slept through his appointment with Dr. Crowley; however, he did report to Officer Chester's office on July 18 and again talked about committing suicide. He did not recommend that Officer Chester supervise Dahmer more closely or take any other actions. She referred him to money management agencies and monitored his progress, but left him to take some initiative and responsibility by carrying through on the first contacts she made. Finally, the court noted that there was no evidence that Officer Chester ever knew of a substantial risk of serious harm to any of Dahmer's victims. The result of the second test was negative, As a threshold matter, we agree that the district court properly dismissed the claims against the State of Wisconsin and Officer Chester in her official capacity. Officer Chester explained in her affidavit that she reviewed Dahmer's case with her supervisor before he authorized the waiver: Of importance in our discussions were the facts that: a) Dahmer displayed a lower risk profile than did the typical client in the Sex Offender Unit; b) Dahmer, in contrast to the typical sex offender, had a stable employment history; c) the crimes for which he was convicted were not overtly violent; and d) Dahmer was very compliant with probation rules and other instructions [Officer Chester] gave him.
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