Weis v. Board of Regents of the University of Wisconsin System
837 F. Supp. 2d 971
E.D. Wis.2011Background
- Dispute over ownership/control of Weis Earth Science Museum located at UWFox; plaintiffs claim takings and other state-law claims against UW System Board of Regents, UWFox Dean James W. Perry, and Foundation; removal to federal court under 28 U.S.C. §§ 1331, 1343; sovereign immunity issues raised; procedural posture includes a 12(b)(1)(2)(6) motion.
- Museum originated as an unincorporated nonprofit (Chapter 184 Wis. Stats) funded by Weis donations channeled through the Foundation; donations designated for the Museum; assets claimed by Museum or Foundation.
- In 2010, UW System asserted ownership/control, with Perry directing asset cataloging, adopting UWFox purchasing procedures, requiring UWFox logo, and limiting communication with the Museum Board; endowment funds used for non-Museum purposes; Foundation assigned interests to Weis Earth Science Museum, Inc.
- Plaintiffs assert takings, conversion, unjust enrichment, breach of contract, promissory estoppel, constructive trust; seek injunction and declaratory relief; defendants move to dismiss the non-takings against the Board and various claims against Perry.
- Court clarifies punitive damages/injunctions/declaratory relief as remedies, not independent claims; finds certain claims must be dismissed for immunity or failure to state a claim; ultimately grants partial dismissal: all non-takings claims against the Board are dismissed; contract-related claims against Perry dismissed; conversion claim against Perry survives timeliness and service challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign immunity bar vs. Board of Regents | Weis asserts state and federal claims against Board. | Regents immune under Eleventh Amendment and Wisconsin Article IV §27. | Eleventh Amendment immunity waived by removal; Wisconsin sovereign immunity also addressed; non-takings claims against Regents dismissed. |
| Personal liability of Dean Perry on contract/quasi-contract | Perry personally liable for promises/benefits conferred. | Agency theory; Perry acted for disclosed University; no personal liability. | Perry not personally liable; contract/estoppel/unjust enrichment claims dismissed. |
| Timeliness and proper service of Wisconsin notice of claim ( Wis. Stat. § 893.82) as to conversion | Notice timely from actual assertion of control; service proper. | Notice untimely or improperly served. | Notice timely; service strict compliance met; conversion claim against Perry denied dismissal. |
| Availability of injunctive/declaratory relief where sovereign immunity applies | Exceptions allow declaratory/injunctive relief against state actors. | Immunity bars such relief on the disputed claims. | Exceptions do not apply; injunctive/declaratory relief dismissed as separate claims. |
Key Cases Cited
- Lapides v. Board of Regents of Univ. System of Georgia, 535 U.S. 613 (2002) (removal waives Eleventh Amendment immunity)
- United States v. Grossman, 501 F.3d 846 (7th Cir. 2007) (construe all well-pleaded allegations as true on a motion to dismiss)
- Kroll v. Board of Trustees of Univ. of Ill., 934 F.2d 904 (7th Cir. 1991) (state agencies immune from suit absent waiver/consent)
- Lister v. Board of Regents, 240 N.W.2d 610 (Wis. 1976) (consent to suit required; jurisdictional)
- Patterson v. Bd. of Regents of University of Wisconsin System, 309 N.W.2d 3 (Wis. Ct. App. 1981) (certified or equivalent mail service; strict compliance context)
- Trempealeau County v. State, 51 N.W.2d 499 (1952) (statutory consent limits against state; narrow class of claims)
- Boldt v. State, 305 N.W.2d 133 (Wis. 1981) (statutory consent/waiver governs economic/contract claims against state)
- Erickson Oil Products, Inc. v. State, 516 N.W.2d 755 (Wis. Ct. App. 1994) (claims board/consent conditions for state suits)
- Benning v. Bd. of Regents of Regency Univs., 928 F.2d 775 (7th Cir. 1991) (state immunity in federal court with state teaching)