Costs, if any, in an action against a city, village or town officer in his or her official capacity, except an action directly involving the title to the office, and except as provided in s. 814.25, shall not be awarded against that officer, but may be awarded against the city, village or town.
814.24.Action against city, village or town official, cost.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1997 · Last verified July 15, 2026
In one sentenceSection 814.24 shields a city, village, or town officer sued in an official capacity from having costs awarded personally against them, unless the case directly involves title to the office or section 814.25 provides otherwise, though costs may still be awarded against the municipality.
Full Text of Section 814.24
Plain-English Summary
Section 814.24 protects municipal officers from personal cost exposure when they are sued in their official capacity. In an action against a city, village, or town officer acting in that capacity, costs, if any, cannot be awarded against the officer personally. The municipality itself remains fair game — costs may be awarded against the city, village, or town instead.
The section carves out two exceptions where the officer is not shielded. The protection does not apply to an action directly involving title to the office itself, since that kind of dispute is about the officer’s own claim to hold the position rather than routine official conduct. It also does not apply where section 814.25 provides otherwise, which addresses cost rules in actions brought by prisoners.
Frequently Asked Questions
Can a city or village officer be personally ordered to pay costs in a lawsuit brought against them in their official capacity?
Generally no. Section 814.24 bars costs from being awarded against the officer personally in that situation, though costs may still be awarded against the city, village, or town itself.
Is there any situation where a municipal officer sued in an official capacity can be personally hit with costs?
Yes, two. Section 814.24’s protection does not apply to an action directly involving title to the office, and it does not apply where section 814.25 provides otherwise.
Who pays costs instead of the officer personally?
Section 814.24 allows costs to be awarded against the city, village, or town, rather than against the officer, in the actions the section covers.
Does this protection apply if the lawsuit is about who holds the office?
No. Section 814.24 excludes actions directly involving title to the office from its protection against personal cost awards.
What does section 814.25 have to do with this cost protection for municipal officers?
Section 814.24 expressly defers to section 814.25 as an exception, and section 814.25 sets separate cost rules for actions brought by prisoners, which can involve officers sued in their official capacity.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.24; 1993 a. 246; 1997 a. 133.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin municipal officer personal liability for costscity officer sued official capacity costs814.24 town official cost protectiontitle to office exception costs wisconsin