Case: Nelson v. Milwaukee County

2:04-cv-00193 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Jan. 28, 2004

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On January 28, 2004, residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County filed a lawsuit under the Americans with Disabilities Act and the Rehabilitation Act against Milwaukee County in the Milwaukee County Circuit Court. Defendants removed to the United States District Court for the Eastern District of Wisconsin on February 25, 2004. Plaintiffs, represented by public interest counsel, asked the Court for declaratory…

On January 28, 2004, residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County filed a lawsuit under the Americans with Disabilities Act and the Rehabilitation Act against Milwaukee County in the Milwaukee County Circuit Court. Defendants removed to the United States District Court for the Eastern District of Wisconsin on February 25, 2004. Plaintiffs, represented by public interest counsel, asked the Court for declaratory and injunctive relief, claiming that Milwaukee County pays Plaintiffs' facilities less than other counties pay for comparable services and less than Milwaukee County pays for services for persons not enrolled in Family Care.

On February 7, 2006, the Court (Lynn Adelman) granted in part and denied in part Defendants' motions to dismiss. Specifically, Defendants' motions with respect to claims seeking damages for past conduct were granted.

The Court granted Plaintiffs' motion for class certification on October 13, 2006. Bzdawka v. Milwaukee County, 238 FRD 469 (E.D. Wis. 2006). The class consisted of disabled Milwaukee County residents who are now or will in the future be eligible to reside in a Family Care facility.

On March 27, 2007, the Court (Magistrate Judge Patricia J. Gorence) issued a stay pending possible settlement negotiations.

The Court issued an order preliminarily approving the proposed settlement agreement on August 21, 2007.

The Court executed the Settlement Agreement on October 19, 2007. Among other things, the agreement required Defendants to modify and improve staff training, review, needs assessments, and collaboration.

The case has been closed.

Summary Authors

Haley Waller (5/19/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4640824/parties/gerald-nelson-v-milwaukee-county/


Judge(s)

Adelman, Lynn S. (Wisconsin)

Gorence, Patricia J. (Wisconsin)

Attorneys(s) for Plaintiff

Perkins, Martha Jane (North Carolina)

Pledl, Robert Theine (Wisconsin)

Somers, Sarah (North Carolina)

Attorneys(s) for Defendant

Burke, Mary E. (Wisconsin)

Dudley, David (Wisconsin)

Flanagan, Maureen McGlynn (Wisconsin)

Jorgensen, John (Wisconsin)

Lautenschlager, Peggy A. (Wisconsin)

Judge(s)

Adelman, Lynn S. (Wisconsin)

Gorence, Patricia J. (Wisconsin)

Attorneys(s) for Plaintiff

Perkins, Martha Jane (North Carolina)

Pledl, Robert Theine (Wisconsin)

Somers, Sarah (North Carolina)

Attorneys(s) for Defendant

Burke, Mary E. (Wisconsin)

Dudley, David (Wisconsin)

Flanagan, Maureen McGlynn (Wisconsin)

Jorgensen, John (Wisconsin)

Lautenschlager, Peggy A. (Wisconsin)

Documents in the Clearinghouse

Document

2:04-cv-00193

Docket

Oct. 19, 2007

Oct. 19, 2007

Docket
1-2

2:04-cv-00193

NOTICE OF REMOVAL PURSUANT TO TITLE 28 U.S.C. § 1441 & COMPLAINT

Jan. 28, 2003

Jan. 28, 2003

Complaint
8

2:04-cv-00193

BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, AN EXPEDITED SCHEDULING CONFERENCE AND FOR PERMISSION TO FILE FIRST AMENDED COMPLAINT

April 9, 2004

April 9, 2004

Pleading / Motion / Brief
15

2:04-cv-00193

DEFENDANT MILWAUKEE COUNTY’S BRIEF IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

April 13, 2004

April 13, 2004

Pleading / Motion / Brief
37

2:04-cv-00193

THIRD AMENDED COMPLAINT

Aug. 19, 2004

Aug. 19, 2004

Complaint
38

2:04-cv-00193

MILWAUKEE COUNTY’S ANSWER TO THIRD AMENDED COMPLAINT

Sept. 10, 2004

Sept. 10, 2004

Pleading / Motion / Brief
71

2:04-cv-00193

STATE DEFENDANTS’ BRIEF IN SUPPORT OF MOTIONS TO DISMISS FOURTH AMENDED COMPLAINT

Nelson v. Milwaukee. County

June 15, 2005

June 15, 2005

Pleading / Motion / Brief
69

2:04-cv-00193

BRIEF IN SUPPORT OF MILWAUKEE COUNTY’S MOTION FOR JUDGMENT ON THE PLEADINGS

June 15, 2005

June 15, 2005

Pleading / Motion / Brief
77

2:04-cv-00193

PLAINTIFFS' BRIEF IN OPPOSITION TO STATE DEFENDANTS' MOTION TO DISMISS AND IN OPPOSITION TO MILWAUKEE COUNTY'S MOTION FOR JUDGMENT ON THE PLEADINGS

July 22, 2005

July 22, 2005

Pleading / Motion / Brief
81-1

2:04-cv-00193

STATE DEFENDANTS’ REPLY BRIEF IN SUPPORT OF MOTIONS TO DISMISS FOURTH AMENDED COMPLAINT

Aug. 5, 2005

Aug. 5, 2005

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4640824/gerald-nelson-v-milwaukee-county/

Last updated Aug. 4, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
86

ORDER signed by Judge Lynn Adelman on 2/7/06 granting in part and denying in part 68 Motion for Judgment on the Pleadings, granting in part and denying in part 70 Motion to Dismiss. (cc: all counsel) (Wesolek, Marie)

Feb. 7, 2006

Feb. 7, 2006

RECAP
106

ORDER signed by Judge Lynn Adelman on 4/5/06 denying 93 Motion for Order, denying 95 Motion to Stay . (cc: all counsel) (Wesolek, Marie) Order with corrected date added on 4/6/2006 and e-mailed to counsel (bet)

2 Order with correct date

View on PACER

April 6, 2006

April 6, 2006

RECAP
125

DECISION AND ORDER signed by Judge Lynn Adelman on 10/13/06 granting 101 plaintiff's motion for class certification. (cc: all counsel) (Adelman, Lynn)

Oct. 13, 2006

Oct. 13, 2006

RECAP

Case Details

State / Territory: Wisconsin

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 28, 2004

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Milwaukee County, County

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Benefit Source:

Medicaid