Case: Jeanine B. v. Doyle

2:93-cv-00547 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: June 1, 1993

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 1, 1993, Children's Rights, the ACLU, and private co-counsel filed this class-action lawsuit in the United States District Court for the Eastern District of Wisconsin against the Wisconsin Department of Health and Social Services and the Milwaukee County Department of Human Services. The complaint alleged abuse and neglect of children in the Milwaukee child-welfare system, inadequate investigations into abuse and neglect, lack of services, improper foster care placement, and high casewo…

On June 1, 1993, Children's Rights, the ACLU, and private co-counsel filed this class-action lawsuit in the United States District Court for the Eastern District of Wisconsin against the Wisconsin Department of Health and Social Services and the Milwaukee County Department of Human Services. The complaint alleged abuse and neglect of children in the Milwaukee child-welfare system, inadequate investigations into abuse and neglect, lack of services, improper foster care placement, and high caseworker caseloads. The plaintiffs alleged violations of state law and federal law, including the Adoption Assistance Act, 42 U.S.C. §§ 620-28, 670-79(a); Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5101-5106(a); Americans with Disabilities Act, 42 U.S.C. §§ 12121-12150; and Rehabilitation Act of 1973, 29 U.S.C. § 794.

In early 1995, the court granted the state defendants' motion to dismiss claims as to the state defendants brought under 42 U.S.C. § 671(a)(15) of the Adoption Assistance Act and under the Rehabilitation Act and Americans with Disabilities Act. Additionally, the Court certified the class of plaintiffs as children who are in foster care in Milwaukee County, and children about whom the county Department of Human Services received reports of abuse or neglect. Jeanine B. v. Thompson, 877 F. Supp. 1268 (E.D. Wisc. 1995).

The case then proceeded towards a trial bifurcated into a liability stage and a remedy stage. However, during preparations for trial in 1995, the Wisconsin state Legislature passed a provision that required the state Department of Health and Social Services to propose a plan for state takeover of the Milwaukee County child welfare system by 1998. In light of the legislative action, the Court denied the state defendant's motion for partial summary judgment on constitutional issues, adjourned the trial date, and required the parties to determine whether the law provided interim relief and how relief affected the liability and remedial aspects of the case.

After both plaintiffs and defendants provided a series of briefings to the Court, the plaintiffs moved for preliminary injunction in February 1997. The plaintiffs claimed that the pending state takeover would only exacerbate problems in Milwaukee County's child welfare system. In response, the Court denied plaintiff's motion for a preliminary injunction under CAPTA. Jeanine B. v. Thompson, 967 F. Supp. 1104 (E.D. Wisc. 1997).

In 1998, the Court dismissed as moot the plaintiffs' claims against the county and proceeded with discovery for trial. After extensive discovery, the plaintiffs filed a supplemental complaint in 1999 and a second supplemental complaint in 2000. Trial was set for 2003. In September 2002, however, the parties reached a settlement agreement that provided for phased improvements to the Bureau of Milwaukee Child Welfare, which included decreased caseworker caseloads, elimination of shelter placements, and special diagnostic/assessment centers for children.

The parties modified the settlement agreement in 2003 and again in 2012, although the main substance of the agreement remained the same. The agreement is to remain in force until the defendants are in full compliance with its terms and the Court terminates jurisdiction. Attorneys' fees have been awarded to the plaintiffs in the amount of $950,000. As of the date of this summary, monitoring continues.

Summary Authors

Elizabeth Homan (11/25/2012)

Dan Whitman (11/29/2015)

Eva Richardson (7/10/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4623199/parties/b-v-governor-wi/


Judge(s)

Randa, Rudolph Thomas (Wisconsin)

Attorneys(s) for Plaintiff

Bloodhart, Ann K (Minnesota)

Dorsky, Daniel S. (New York)

Dunn, Christopher (New York)

Hechtman, Sarah (New York)

Holloway, Jean F (Minnesota)

Kasak, Cynthia J (Minnesota)

Klaas, Heather (Minnesota)

Kleinhans, Kacy F (Minnesota)

Koneazny, Peter M. (Wisconsin)

Judge(s)

Randa, Rudolph Thomas (Wisconsin)

Attorneys(s) for Plaintiff

Bloodhart, Ann K (Minnesota)

Dorsky, Daniel S. (New York)

Dunn, Christopher (New York)

Hechtman, Sarah (New York)

Holloway, Jean F (Minnesota)

Kasak, Cynthia J (Minnesota)

Klaas, Heather (Minnesota)

Kleinhans, Kacy F (Minnesota)

Koneazny, Peter M. (Wisconsin)

Langdon, James K II (Minnesota)

Lowry, Marcia Robinson (New York)

Martinez, Micabil Diaz (Wisconsin)

Merz, Gregory R (Minnesota)

Moloney, Lawrence A. (Minnesota)

Murdaugh, Anne W. (New York)

Nealon, Kellie M (Minnesota)

Park, Rachel (New York)

Peters, Mark G. (New York)

Prine, Kenneth A. (Minnesota)

Stone, Martha (New York)

Thompson, Eric E. (New York)

Westgard, Kristen Solveig (Minnesota)

Wittrock, Quentin R (Minnesota)

Attorneys(s) for Defendant

Anderson, Peter C. (Wisconsin)

Barnett, Paul L (Wisconsin)

Burke, Mary E. (Wisconsin)

Finkelmeyer, Corey F. (Wisconsin)

Jorgensen, John (Wisconsin)

Schlaefer, Mary Woolsey (Wisconsin)

Stier, Daniel D. (Wisconsin)

Expert/Monitor/Master

Geske, Janine P. (Wisconsin)

Documents in the Clearinghouse

Document

2:93-cv-00547

Docket [PACER]

Jeanine B v. Doyle

Jan. 29, 2019

Jan. 29, 2019

Docket
1

2:93-cv-00547

Complaint

Jeanine B. v. Thompson

June 1, 1993

June 1, 1993

Complaint
65

2:93-cv-00547

Federal Supplement

Jeanine B. v. Thompson

March 2, 1995

March 2, 1995

Press Release
196

2:93-cv-00547

Federal Supplement

Jeanine B. v. Thompson

June 9, 1997

June 9, 1997

Press Release
517

2:93-cv-00547

Modified Settlement Agreement

Nov. 14, 2003

Nov. 14, 2003

Settlement Agreement
531

2:93-cv-00547

Order

B. v. Doyle

May 23, 2005

May 23, 2005

Order/Opinion
538

2:93-cv-00547

Decision and Order

Nov. 17, 2006

Nov. 17, 2006

Order/Opinion
541

2:93-cv-00547

Decision and Order

May 3, 2007

May 3, 2007

Order/Opinion
543

2:93-cv-00547

Order

Jeanine B v. Doyle

Dec. 17, 2007

Dec. 17, 2007

Order/Opinion
545

2:93-cv-00547

Consent Order

B. v. Doyle

April 18, 2008

April 18, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4623199/b-v-governor-wi/

Last updated Aug. 2, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
531

ORDER signed by Judge Rudolph T Randa on May 23, 2005 granting 528 Plaintiffs' Unopposed Motion for Attorney Fees and Expenses Per Stipulated Agreement; notice to the Class is waived. Partial final judgment is entered in favor of the plaintiff s, against the defendants, in the sum of $33,000, pursuant to the Stipulated Agreement of the parties, in full and complete satisfaction of plaintiffs' claims for attorneys' fees and expenses for the period June 1, 2004 through December 31, 2004. (cc: via US Mail to Eric Thompson, Marcia Robinson Lowry and Mary Burke)(Randa, Rudolph)

May 23, 2005

May 23, 2005

RECAP
1

COMPLAINT (Summons(es) issued) (ers, )

June 1, 1993

June 1, 1993

2

CERTIFICATE OF INTEREST by plaintiffs (ers, )

June 1, 1993

June 1, 1993

532

ORDER that Plaintiffs' Unopposed Motion is Granted, and further notice to the Class is waived, signed by Judge Rudolph T Randa on December 19, 2005. (cc: all counsel)(Randa, Rudolph) Modified on 12/22/2005 (jld, ).

Dec. 19, 2005

Dec. 19, 2005

RECAP
537

ORDER signed by Judge Rudolph T Randa on July 26, 2006 granting 535 Motion for Attorney Fees. (cc: via US Mail all counsel) (Randa, Rudolph)

July 26, 2006

July 26, 2006

RECAP
3

LETTER from Law Clerk Terri Zeller to Counsel saying that if Plaintiffs want this Court to consider the injunction relief, a separate preliminary injunction motion must be filed. (ers, ) (Entered: 06/04/1993)

June 3, 1993

June 3, 1993

5

ORDER by Senior Judge John W. Reynolds − Granting the Stipulation filed on 6/18/93. See Stipulation for details. (cc: all counsel) (ers, ) (Entered: 06/23/1993)

June 22, 1993

June 22, 1993

543

ORDER signed by Judge Rudolph T Randa on December 17, 2007 granting 542 Motion for Attorney Fees. (cc: all counsel) (Randa, Rudolph)

Dec. 17, 2007

Dec. 17, 2007

RECAP
6

MOTION by plaintiff to certify Class Action (ers, ) (Entered: 07/02/1993)

July 1, 1993

July 1, 1993

545

CONSENT ORDER signed by Chief Judge Rudolph T Randa on April 18, 2008. (cc: all counsel)(Koll, J)

April 18, 2008

April 18, 2008

RECAP
7

BRIEF by plaintiffs in support of motion to certify Class Action [6−1] w/ attachments (ers, ) (Entered: 07/02/1993)

July 1, 1993

July 1, 1993

547

ORDER signed by Chief Judge Rudolph T Randa on May 22, 2008 granting 546 Motion for Attorney Fees and further notice to the Class is WAIVED. It is hereby further ORDERED THAT partial final judgment be entered in favor of the plaintiffs, JEANINE B., et al. against the defendants, JAMES DOYLE, et al., in the sum of $25,000.00, pursuant to the Stipulated Agreement of the parties, in full and complete satisfaction of plaintiffs claims for attorneys fees and expenses for the period July 1, 2007, through December 31, 2008. (cc: all counsel) (Koll, J)

May 22, 2008

May 22, 2008

RECAP
553

ORDER signed by Judge Rudolph T Randa on 01/20/2010 granting 552 Motion for Attorney Fees. (cc: all counsel) (Koll, J)

Jan. 20, 2010

Jan. 20, 2010

RECAP
8

LETTER from plaintiff by Atty Koneazny saying that the names of 2 of the plaintiffs who were identified in the Complaint were accidently omitted on the caption page. (ers, )

July 2, 1993

July 2, 1993

9

LETTER from Assistant Attorney General Mary Woolsey Schlaefer confirming that the State Defts request that their deadline to answer be extended to 7/22/93 is Granted. (ers, )

July 8, 1993

July 8, 1993

562

ORDER signed by Judge Rudolph T Randa on 04/15/2012 granting 560 Motion to Modify Settlement Agreement. (cc: all counsel) (Koll, J)

April 15, 2012

April 15, 2012

RECAP
10

RESPONSE To Consent To Proceed before a U.S. Magistrate Judge by defendant F Thomas Ament, defendant Thomas Brophy (R) (ers, )

July 14, 1993

July 14, 1993

11

ANSWER by defendant F Thomas Ament, defendant Thomas Brophy to [1−1] (ers, )

July 14, 1993

July 14, 1993

12

MOTION & ORDER ENLARGING BRIEF LIMITS by Judge J. P. Stadtmueller for Judge Reynolds (cc: all counsel) (cad, ) (Entered: 07/22/1993)

July 20, 1993

July 20, 1993

13

MOTION by state defendants to dismiss (wied, )

July 22, 1993

July 22, 1993

14

BRIEF by state defendants in support of motion to dismiss [13−1] (wied, )

July 22, 1993

July 22, 1993

15

MOTION by state defendants for stay of proceedings on pltfs' motion for class certification pending decision of the state defendants' motion to dismiss complaint , in the alternative to extend time to respond to motion for class certification (wied, )

July 22, 1993

July 22, 1993

16

CERTIFICATE (wied, )

July 22, 1993

July 22, 1993

17

CERTIFICATE of service. (wied, )

July 22, 1993

July 22, 1993

18

RESPONSE To Consent To Proceed Before a US Magistrate Judge by defendant Tommy Thompson, defendant Gerald Whitburn (R) (ers, )

July 26, 1993

July 26, 1993

19

RESPONSE To Consent To Proceed Before a US Magisrate Judge by plaintiff (R) (ers, ) (Entered: 07/29/1993)

July 28, 1993

July 28, 1993

20

ORDER by Senior Judge John W. Reynolds DENYINGmotion for stay of proceedings on pltfs' motion for class certification pending decision of the state defendants' motion to dismiss complaint [15−1], GRANTING motion to extend time to respond to motion for class certification [15−2] On or before 8/16/93, Defts Thompson & Gerald Whitburn shall file & serve a response to Plaintiffs' Motion for Class certification (cc: all counsel) (ers, ) (Entered: 07/29/1993)

July 28, 1993

July 28, 1993

21

NOTICE of hearing ; Scheduling Conference Call set for 9/1/93 at 10:00 a.m. (cc: all counsel) (ers, )

Aug. 4, 1993

Aug. 4, 1993

22

LETTER from plaintiffs by Atty Christopher Dunn notifying the Court that the state Defts have agreed to grant the Plaintiffs an extension of 10 days until 8/26/93 to file their response. (ers, )

Aug. 16, 1993

Aug. 16, 1993

23

BRIEF by State defendants in opposition to Plaintiffs motion to certify Class Action [6−1] (ers, )

Aug. 16, 1993

Aug. 16, 1993

24

STATUS REPORT by plaintiffs (ers, ) (Entered: 08/23/1993)

Aug. 20, 1993

Aug. 20, 1993

25

BRIEF by plaintiff IN OPPOSITION to State Defts motion to dismiss [13−1] (ers, )

Aug. 26, 1993

Aug. 26, 1993

26

REPLY BRIEF by plaintiff in support of motion to certify Class Action [6−1] (ers, )

Aug. 27, 1993

Aug. 27, 1993

27

HEARING MINUTES: ; Discovery ddl set for 6/3/94 ; Motion filing ddl set for 6/10/94 ; Pretrial conference 8/30/94 at 2:00 p.m. ; Trial set for 9/13/94 at 10:00 a.m. ;

Sept. 1, 1993

Sept. 1, 1993

29

REPLY BRIEF by State Defendants in support of motion to dismiss [13−1] (ers, )

Sept. 9, 1993

Sept. 9, 1993

30

SUR REPLY BRIEF by plaintiffs to State Defts Reply Brief (ers, )

Sept. 29, 1993

Sept. 29, 1993

31

LETTER from plaintiff by Atty Dunn calling the Court to a recent Decision from the Seventh Circuit Court of Appeals that is relevant to the state Defendants pending motion to Dismiss w/ attached slip opinion which is in Judges File (ers, ) (Entered: 01/19/1994)

Jan. 18, 1994

Jan. 18, 1994

32

ATTORNEY APPEARANCE for plaintiff by Daniel S. Dorsky (ers, )

Jan. 21, 1994

Jan. 21, 1994

33

LETTER From Mary Schlaefer in response to Plaintiffs' 1/14/94 letter regarding the Seventh Circuit holding in Miller v Whitburn (ers, )

Jan. 27, 1994

Jan. 27, 1994

34

LETTER from plaintiff by Atty Dunn calling your attention to a recent decision from another District Court that deals w/ the enforceability of the Adoption Assistance & Child Welfare Act & thus is relevant to the State Defts' pending motion to Dismiss. (ers, ) (Entered: 02/03/1994)

Feb. 2, 1994

Feb. 2, 1994

35

MOTION by Plaintiff, County Defendants for order to Appoint the National Council on Crime & Delinquency as an expert (ers, ) (Entered: 02/07/1994)

Feb. 4, 1994

Feb. 4, 1994

36

MOTION by plaintiff to compel the Production of Documents (ers, )

Feb. 16, 1994

Feb. 16, 1994

37

BRIEF by plaintiff IN SUPPORT of motion to compel the Production of Documents [36−1] (ers, )

Feb. 16, 1994

Feb. 16, 1994

38

NOTICE of hearing on motion to compel the Production of Documents [36−1] 2:00 3/1/94, setting hearing on motion for order to Appoint the National Council on & Delinquency as an expert [35−1] 2:00 3/1/94 (cc: all counsel) (ers, ) (Entered: 02/18/1994)

Feb. 17, 1994

Feb. 17, 1994

39

BRIEF by State defendants IN OPPOSITION to Plaintiffs' & County Defts motion for order to Appoint the National Council on Crime & Delinquency as an expert [35−1] (ers, )

Feb. 25, 1994

Feb. 25, 1994

40

HEARING MINUTES: The Plaintiffs & County Defendants Joint Motion to appoint a rule 706 expert is denied, although the parties are free to agree on an expert. The county Defendants & Plaintiffs shall prepare a scheduling order re: the production of documents by the County Defts & shall file that draft order on or before 3/7/94. (ers, ) (Entered: 03/04/1994)

March 1, 1994

March 1, 1994

41

STIPULATION and ORDER by Senior Judge John W. Reynolds : That Plaintiffs and County Defendants enter into a Joint Stipulation to designate experts. (cc: all counsel) (ers, ) (Entered: 03/16/1994)

March 11, 1994

March 11, 1994

42

STIPULATION and ORDER by Senior Judge John W. Reynolds : That the terms of the Stipulation shall govern the completion of production of documents in response to the Plaintiffs 12/14/94 request for production of documents. (cc: all counsel) (ers, ) (Entered: 03/23/1994)

March 22, 1994

March 22, 1994

43

MOTION by plaintiff to amend the Scheduling Order (ers, )

April 7, 1994

April 7, 1994

44

BRIEF by plaintiff IN SUPPORT of motion to amend the Scheduling Order [43−1] (ers, )

April 7, 1994

April 7, 1994

45

LETTER from defendants respectfully requesting that the Court vacate the current scheduling order & hold further scheduling in abeyance until the Court has had an opportunity to rule on the pending motion to dismiss. (ers, ) (Entered: 04/11/1994)

April 8, 1994

April 8, 1994

46

ORDER by Senior Judge John W. Reynolds per Ms. Schlaefer's letter Vacating Scheduling Order of 9/2/93. ; Scheduling Conference reset for 5/19/94 at 10:00 a.m (cc: all counsel) (ers, ) (Entered: 05/02/1994)

April 28, 1994

April 28, 1994

48

LETTER from State Defendants attorney Mary Woolsey Schlasfer requesting that the Court grant the state defts an extension till 5/25/94 to file their brief. (ers, ) (Entered: 05/12/1994)

May 11, 1994

May 11, 1994

49

ORDER by Senior Judge John W. Reynolds that the parties joint request for an extension is Granted. The state Defendants shall file their brief on or before 6/6/94. The State Defndants shall reply on or before 6/10/94. (cc: all counsel) (ers, ) (Entered: 05/12/1994)

May 11, 1994

May 11, 1994

50

SUPPLEMENTAL BRIEF FILED by STATE DEFENDANTS in support of their Motion to Dismiss. (ers, )

May 25, 1994

May 25, 1994

51

LETTER from plaintiff by Atty Anne Murdaugh saying that as of 5/31/94 she is withdrawing as counsel of record in this matter. (ers, )

June 2, 1994

June 2, 1994

52

RESPONSE by plaintiffs to State Defendants' Supplemental Brief in support of their motion to Dismiss (ers, ) (Entered: 06/07/1994)

June 6, 1994

June 6, 1994

53

SECOND REPLY by State defendants in Support of their Motion to Dismiss (ers, )

June 10, 1994

June 10, 1994

54

LETTER from plaintiffs by Atty Dunn calling the Court to recent decisions from 2 federal courts of appeals that bear upon the state defendants' pending motion to Dismiss (ers, )

June 14, 1994

June 14, 1994

55

LETTER from plaintiff by Atty Dunn asking the Court to take provisions into account in resolving the State Defts motion to Dismiss (ers, ) (Entered: 06/28/1994)

June 27, 1994

June 27, 1994

56

MOTION by plaintiff for order to permit Discovery against State Defts & For Scheduling Conference (ers, )

July 7, 1994

July 7, 1994

57

BRIEF by plaintiff IN SUPPORT of motion for order to permit Discovery against State Defts & For Scheduling Conference [56−1] (ers, )

July 7, 1994

July 7, 1994

58

LETTER from plaintiff by Atty Dunn requesting a pretrial conference. (ers, ) (Entered: 11/14/1994)

Nov. 10, 1994

Nov. 10, 1994

59

LETTER from defendant by Atty Schlaefer responding to Plaintiffs 11/9/94 letter regarding the effect of piblic Law 103−432 on the state defendants motion to dismiss & requesting that the court rule on Pltfs Rule 6.07 motion to permit the plaintiffs to proceed w/ discovery against the state defendants (ers, )

Nov. 28, 1994

Nov. 28, 1994

60

LETTER from plaintiffs' counsel re: certification of a class actiion (wied, ) (Entered: 01/05/1995)

Jan. 4, 1995

Jan. 4, 1995

61

NOTICE of hearing setting hearing on motion for order to permit Discovery against State Defts & For Scheduling Conference [56−1] 10:00 2/3/95, setting hearing on motion to dismiss [13−1] 10:00 2/3/95, setting hearing on motion to certify Class Action [6−1] 10:00 2/3/95 (cc: all counsel) (ers, ) (Entered: 01/24/1995)

Jan. 23, 1995

Jan. 23, 1995

62

LETTER from State Defendants by Atty Schlaefer requesting the Court grant the state Defts until 2/28/95 to file their answer (ers, )

Feb. 8, 1995

Feb. 8, 1995

ORDER by Senior Judge John W. Reynolds That the STATE DEFENDANTS's motion to dismiss is GRANTED IN PART & DENIED IN PART. That State Defendants motion to dismiss the Plaintiffs claim brought under the U.S. Constitution is DENIED. That the State Defendants Motion to dismiss the Plaintiffs claims brought under the balance of 42 U.S.C. 671 & 42 U.S.C. 627 is DENIED. That the State defendants Motion to Dismiss the Plaintiffs' claims brought under 42:U.S.C 671(a)(15) 2:93-cv-547 As of: 02/12/2019 11:29 AM CST 31 of 57 of the Adoption Assistance Act is GRANTED. That the State Defendants motion to dismiss the Plaintiffs claims under the Child Abuse Prevention act 42 U.S.C. 5106a is DENIED. That the State Defendants motions to Dismiss the Plaintiffs claims under the Rehabilitation Act & the Americans w/ Disabilities act are GRANTED. That the Plaintiffs motion to certify the Class is GRANTED & 2 subclasses shall be certified as follows: Children who are in foster care custody in Milwaukee County & who come into foster care custody in Milwakee County & Children who are not in foster care custody in Milwaukee county, but about whom the County Department of Human Services has received reports of abuse or neglect & Children who become the object of such reports. That Discovery shall commence in this case immediately, & the Plaintiffs shall disclose their expert witnesses on or before 7 days from the date of the Court's oral order. That a trial to the Court shall begin on 5/16/95 at 10:00 a.m. That a Final Pretrial Conference shall begin on 5/16/95 at 10:00 a.m. That a decision & Order shall be issued more fully explaining the Court's Orders contained herein. (cc: all counsel) (ers, ) (Entered: 02/17/1995)

Feb. 16, 1995

Feb. 16, 1995

64

ANSWER by defendant Tommy Thompson & Richard Lorang to [1−1] (ers, )

Feb. 28, 1995

Feb. 28, 1995

65

DECISION AND ORDER: by Senior Judge John W. Reynolds That it was Ordered on 2/3/95 & 2/16/95 that the State Defendants' motion to Dismiss was GRANTED IN PART & DENIED IN PART. That the State Defendants motion to Dismiss the constitutional claims against them was DENIED. That the State Defendants motion to Dismiss the Plaintiffs claims under 42 U.S.C was GRANTED as to 671(a)(15) & DENIED as to all other parts. The State Defendants motion to Dismiss the Plaintiffs claims under 42 U.S.C. 677 was GRANTED. The State Defendants' motion to Dismiss the Plaintiffs Claims under 42 U.S.C. 627 was DENIED. That the State Defendants motion to Dismiss the Plaintiffs claims under 42 U.S.C. 5106a(b) was DENIED. That the State Defendants motion to Dismiss the Plaintiffs claims under the Rehabilitation & the Disabilities Act was GRANTED as to the State Defendants. Also that the Plaintiffs motion to certify the class is GRANTED, & 2 Subclasses was to be certified as follows. (1) Children who are in Foster Care custody in Milwaukee County & who come into Foster Care in Milwaukee County & (2) Children who are not in Foster Care custody in Milwaukee County, but about whom the County Department of Human Services has received reports of abuse or neglect, & Children who become the object of such reports. (cc: all counsel) (ers, ) (Entered: 03/06/1995)

March 2, 1995

March 2, 1995

66

MOTION by State Defendants Tommy Thompson & Richard Lorang TO CONTINUE THE TRIAL w/ attachments (ers, )

April 4, 1995

April 4, 1995

67

AFFIDAVIT of Mary Woolsey Schlaefer re [66−1] (ers, )

April 4, 1995

April 4, 1995

68

AFFIDAVIT of Bruce A. Olsen (ers, )

April 4, 1995

April 4, 1995

69

BRIEF by plaintiff IN OPPOSITION to motion TO CONTINUE THE TRIAL [66−1] (ers, )

April 10, 1995

April 10, 1995

70

LETTER from defendant by Atty Schlaefer regarding 2 matters relating to the state defendants pending motion for continuance (ers, )

April 11, 1995

April 11, 1995

71

AFFIDAVIT of Peter C. Anderson (ers, )

April 11, 1995

April 11, 1995

72

HEARING MINUTES: GRANTING motion TO CONTINUE THE TRIAL & this Case is Bifurcated into a Liabilty Stage & a Remedy stage [66−1] ; The Liability Trial set 10/24/95 at 10:00 a.m. (ers, ) (Entered: 04/13/1995)

April 12, 1995

April 12, 1995

73

ORDER by Senior Judge John W. Reynolds. That Defts motion to Continue the trial is Granted & this case is BIFURCATED into a liability stage & a remedy Stage ; Discovery ddl set 9/30/95 ; Motion filing ddl set 7/14/95 ; Pretrial conference set 10/6/95 at 2:00 p.m. court Trial on 10/24/95 at 10:00 a.m. on the issue of liability. Est 3 weeks. (cc: all counsel) (ers, ) (Entered: 04/13/1995)

April 12, 1995

April 12, 1995

74

STIPULATION and ORDER GRANTING To Amend the Existing Scheduling Order of 4/12/95 by Senior Judge John W. Reynolds : Trial date remains the same. (cc: all counsel) (ers, ) (Entered: 05/05/1995)

May 3, 1995

May 3, 1995

75

CERTIFICATE Of Service (ers, )

May 5, 1995

May 5, 1995

77

MOTION by Tommy Thompson to extend to file expert witness list (bjp, ) (Entered: 07/06/1995)

July 3, 1995

July 3, 1995

MARGINAL ORDER by Judge Rudolph T. Randa granting motion to extend to file expert witness list [77−1] (cc: all counsel) (bjp, ) (Entered: 07/13/1995)

July 7, 1995

July 7, 1995

78

MOTION by Gerald Whitburn, Tommy Thompson to extend time to file dispositive motions (wied, )

July 14, 1995

July 14, 1995

MARGINAL ORDER by Judge Rudolph T. Randa granting motion to extend time to file dispositive motions [78−1] ; Motion filing ddl set for 7/28/95 (cc: all counsel) (wied, )

July 14, 1995

July 14, 1995

85

REQUEST by Tommy Thompson for extension of time to file dispositive motions with ORDER extending time to 7/28/95 (bjp, ) (Entered: 08/02/1995)

July 28, 1995

July 28, 1995

79

MOTION by Tommy Thompson for partial summary judgment (bjp, ) (Entered: 08/01/1995)

July 31, 1995

July 31, 1995

80

BRIEF in support of motion for partial summary judgment [79−1] (bjp, ) (Entered: 08/01/1995)

July 31, 1995

July 31, 1995

81

PROPOSED ff submitted by Tommy Thompson, State defendants (bjp, ) (Entered: 08/01/1995)

July 31, 1995

July 31, 1995

82

AFFIDAVIT/VERIFICATION of Linda Hisgen (bjp, ) (Entered: 08/01/1995)

July 31, 1995

July 31, 1995

83

AFFIDAVIT/VERIFICATION of William Fiss (bjp, ) (Entered: 08/01/1995)

July 31, 1995

July 31, 1995

84

AFFIDAVIT/VERIFICATION of Mary Woolsey Schlaefer (bjp, ) (Entered: 08/01/1995)

July 31, 1995

July 31, 1995

86

REQUEST for amendment of scheduling order with attached ORDER granting request (bjp, ) (Entered: 08/11/1995)

Aug. 2, 1995

Aug. 2, 1995

87

ORDER by Judge Rudolph T. Randa. IT IS ORDERED, pursuant to Fed. R. Civ. P. 25(d)(1), that Joseph Leean be, and hereby is, substituted for Richard Lorang, former Acting Secretary of the Wisconsin Department of Health and Social Services, as a defendant in this action. (cc: all counsel) (wied, ) (Entered: 08/15/1995)

Aug. 14, 1995

Aug. 14, 1995

88

STATUS REPORT by Christopher Dunn (bjp, )

Aug. 23, 1995

Aug. 23, 1995

89

HEARING MINUTES: ; Discovery ddl 10/31/95 ; Pretrial conference 11/13/95 ; Trial 11/27/95 ; Status hearing held 8/24/95 (bjp, ) (Entered: 08/25/1995)

Aug. 24, 1995

Aug. 24, 1995

90

ORDER following sched. conference, see hrgmin for deadlines by Judge Rudolph T. Randa (cc: all counsel) (bjp, ) (Entered: 08/25/1995)

Aug. 24, 1995

Aug. 24, 1995

91

UNOPPOSED REQUEST by plaintiff for holding briefing in abeyance (bjp, )

Aug. 28, 1995

Aug. 28, 1995

92

BRIEF by plaintiff in support of holding briefing in abeyance (bjp, )

Aug. 28, 1995

Aug. 28, 1995

93

ORDER that the deadline for filing of opposition brief to State Defts' motion for partial sumjgmm is extended to 9/30/95 by Judge Rudolph T. Randa (cc: all counsel) (bjp, ) (Entered: 09/01/1995)

Aug. 29, 1995

Aug. 29, 1995

94

MOTION by plaintiff Jeanine B for order to hold in further abeyance consideration of the state defts' motion for partial summary judgment (bet, ) Modified on 09/29/1995

Sept. 25, 1995

Sept. 25, 1995

Case Details

State / Territory: Wisconsin

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 1993

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children in foster care in Milwaukee County, and children about whom the county Department of Human Services received reports of abuse or neglect

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wisconsin Department of Health and Social Services, State

Milwaukee County Department of Human Services (Milwaukee), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

Child Abuse Prevention and Treatment Act, 42 U.S.C. §§ 5101 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $950,000

Content of Injunction:

Monitoring

Preliminary relief denied

Reporting

Issues

General:

Access to public accommodations - governmental

Adoption

Assault/abuse by staff

Classification / placement

Conditions of confinement

Counseling

Emergency shelter

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Juveniles

Neglect by staff

Placement in shelters

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Crowding:

Crowding / caseload

Mental Disability:

Depression

Benefit Source:

Adoption Assistance and Child Welfare Act