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

Newman (D), the father, was granted custody of a minor child with specific visitation rights to Gleiss (P), the mother. P sued D and Kim Hoverman alleging that they intentionally caused her emotional distress by intentionally and maliciously interfering with her visitation rights. The action was dismissed as the State of Wisconsin did not recognize the tort alleged in P's complaint. P appealed.

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