This section contains the nature of the case and procedural background.

An arrestee brought a civil rights action against Milwaukee and certain police officers for racially motivated police brutality. P had satisfied Wisconsin's statute of limitations for general personal injury actions but failed to comply with Wisconsin's notice of claim statute which provides that for any suit may be brought against a municipality or one of its officers, that P must give D notice of the claim within 120 days of the injury, that D has 120 days to act on the requested relief and that P must bring suit within six months after notice of the claim's disallowance. The suit was dismissed, and the Supreme Court granted certiorari.

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