Yarney v. State

Richmond Ato Yarney, and Atrich Transport, Inc., appeal from a circuit court judgment in favor of the Department of Health and Social Services (DHSS), and a circuit court order dismissing with prejudice Yarneys federal and state claims against James Scafe. Yarney filed federal claims under 42 U.S.C. Sections 1981 and 1983, and state claims of malicious prosecution and intentional infliction of emotional distress against Scafe. He also filed a declaratory judgment claim against DHSS. Yarney claims that the circuit court erred in dismissing all of his claims. For the following reasons, we disagree. First, we conclude that, because Yarney failed to appeal in a timely manner from the circuit courts judgment in favor of DHSS, we cannot consider his appeal from that judgment. Second, with respect to Yarneys malicious prosecution claim against Scafe, although we ultimately conclude that the circuit courts dismissal of that claim was proper, we conclude that the circuit court erred by dismissing that claim on the basis that Yarney failed to comply with the notice of claim provisions of Section 893.82, Stats. With respect to Yarneys intentional infliction of emotional distress claim against Scafe, however, we conclude that by failing to address the issue, Yarney has conceded the validity of the circuit courts finding that the claim is barred by Yarneys failure to comply with Section 893.82. Finally, due, in part, to Yarneys failure to sufficiently address the immunity issue, we conclude that the circuit court properly dismissed Yarneys federal claims and state malicious prosecution claim against Scafe, because Scafe is absolutely immune from liability. Therefore, we affirm the circuit courts judgment and order.