Milwaukee Police Ass’n v. City of Milwaukee

Since 1938, the City of Milwaukee has required its city employees to comply with a residency requirement. The residency requirement is set forth in section 5-02 of the City’s charter. In 2013, the Legislature enacted Wis. Stat. 66.0502, which bans residency requirements. Despite enactment of the statute, the City continued to enforce its residency requirement, claiming it had the authority to do so under the state Constitution’s home rule amendment. The Milwaukee Police Association sought relief and damages under 42 U.S.C. 1983, claiming that the City can no longer enforce its residency requirement because section 66.0502 trumps section 5-02 of the City’s charter. With respect to Association’s section 1983 claim, the court of appeals affirmed the circuit court’s decision not to award relief or damages, concluding that because section 66.0502 did not involve a matter of statewide concern and did not affect all local government units uniformly, it did not trump the City’s ordinance. The Supreme Court affirmed in part and reversed in part, holding (1) section 66.0502 precludes the City from enforcing its residency requirement; and (2) the Police Association is not entitled to relief or damages under 42 U.S.C. 1983 because the Association failed to meet the requirements necessary to prevail on a section 1983 claim. View "Milwaukee Police Ass’n v. City of Milwaukee" on Justia Law