The union that represents Wisconsin State Troopers has requested that the state Department of Transportation defend its members in the event of lawsuits in response to the restriction of Capitol grounds to the public. The union seems to be offering up a recipe for suing Gov.Walker and the State Patrol.
From the Daily Page quoting the press release:
The law enforcement officers of the State Patrol continue to follow the orders of Governor Walker and Division of State Patrol Superintendent Fitzgerald, despite concerns that doing so may be illegal. The decision of Governor Walker and Superintendent Fitzgerald to call out the State Patrol, however, places the members of the State Patrol in the way of great personal harm.
When Troopers act pursuant to their statutory authority as sworn law enforcement officers while protecting Wisconsin’s citizens on our State’s highways, Wisconsin law offers them legal representation and indemnification for lawsuits alleging violations of a citizen’s civil rights. See Wisconsin Statutes § 895.46(1)(a). However, the protections of this law only apply in circumstances where a law enforcement officer acts “within the scope of their employment.” Because of concerns that the call out by Governor Walker may be illegal under Wisconsin Statutes § 323.17, a ruling by a court or jury that a Trooper was not acting “within the scope of their employment, ” could be devastating to a Trooper and their family.
Thumbing over to the law books here to see what 323.17 says:
323.17 State traffic patrol officers and conservation wardens. If the governor calls out the state traffic patrol or conservation warden service, or members of the patrol or service, under s. 323.12 (2) (c), the state traffic patrol officers or conservation wardens subject to the call shall have the powers of a law enforcement officer for the duration determined by the governor, except that the officers and wardens may not be used in or take part in any dispute or controversy between an employer and employee concerning wages, hours, labor, or working conditions.
Looks like the Wisconsin legislature has explicitly forbidden using muscle under the color of law to assist in labor disputes. I'd think a Wisconsin lawyer might want to review these statutes before discussing the release of those hauled out of the capital building by the State Patrol.