Filed Date: Jan. 28, 2004
Closed Date: 2004
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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)
For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4640824/parties/gerald-nelson-v-milwaukee-county/
Adelman, Lynn S. (Wisconsin)
Gorence, Patricia J. (Wisconsin)
Perkins, Martha Jane (North Carolina)
Pledl, Robert Theine (Wisconsin)
Somers, Sarah (North Carolina)
Burke, Mary E. (Wisconsin)
Dudley, David (Wisconsin)
Flanagan, Maureen McGlynn (Wisconsin)
Jorgensen, John (Wisconsin)
Lautenschlager, Peggy A. (Wisconsin)
Adelman, Lynn S. (Wisconsin)
Gorence, Patricia J. (Wisconsin)
Perkins, Martha Jane (North Carolina)
Pledl, Robert Theine (Wisconsin)
Somers, Sarah (North Carolina)
Burke, Mary E. (Wisconsin)
Dudley, David (Wisconsin)
Flanagan, Maureen McGlynn (Wisconsin)
Jorgensen, John (Wisconsin)
Lautenschlager, Peggy A. (Wisconsin)
See docket on RECAP: https://www.courtlistener.com/docket/4640824/gerald-nelson-v-milwaukee-county/
Last updated Aug. 4, 2022, 3:09 a.m.
State / Territory: Wisconsin
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
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):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
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:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
Benefit Source: