Umhoefer v. Police and Fire Commission of the City of Mequon

1. David R. Umhoefer appeals from an order of the trial court dismissing his certiorari action challenging the Police and Fire Commission of the City of Mequon's (Commission's) decision to terminate his employment with the City of Mequon Police Department. Umhoefer argues that his due process rights were violated when the city's main witness, Umhoefer's ex-wife, was allowed to invoke the marital privilege against testifying. We agree that Umhoefer's due process rights were violated when his ex-wife invoked the marital privilege to avoid testifying. We reverse the order of the trial court and remand this matter to the Commission for proceedings consistent with this opinion. FACTS