Court: John Doe lawsuit was properly dismissed

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MADISON, Wis. (AP) -- A state appeals court says a judge properly dismissed a lawsuit alleging a Milwaukee prosecutor abused his power during a secret probe into Gov. Scott Walker's former aides.

According to court documents, Bruce Landgraf demanded Christoper Brekken, owner of a Rice Lake Harley-Davidson store, to turn over purchase records as part of an investigation into people who worked for Walker when Walker was Milwaukee County executive.

Brekken told Landgraf he didn't have the records. Landgraf issued an arrest warrant and required him to travel to Milwaukee to testify.

Brekken sued Landgraf in 2012, alleging he abused his power. A Barron County judge dismissed the case, saying Brekken didn't first file a claim against the state.

The 3rd District Court of Appeals agreed on Tuesday. Brekken's attorneys didn't immediately return messages.

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