Case: J.J. v. Litscher

3:17-cv-00047 | U.S. District Court for the Western District of Wisconsin

Filed Date: Jan. 23, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 23, 2017, four minor children confined to the state juvenile facilities Copper Lake School for Girls and the Lincoln Hills School for Boys filed this class action in the U.S. District Court for the Western District of Wisconsin. The plaintiffs sued various state officials responsible for the facility under 42 U.S.C. § 1983. The plaintiffs alleged that the defendants had violated their Eighth and Fourteenth Amendment rights by wrongfully and unlawfully imposing solitary confinement, m…

On January 23, 2017, four minor children confined to the state juvenile facilities Copper Lake School for Girls and the Lincoln Hills School for Boys filed this class action in the U.S. District Court for the Western District of Wisconsin. The plaintiffs sued various state officials responsible for the facility under 42 U.S.C. § 1983. The plaintiffs alleged that the defendants had violated their Eighth and Fourteenth Amendment rights by wrongfully and unlawfully imposing solitary confinement, mechanical constraints, chemical agents such as pepper spray, and strip searches on the minor prisoners. Represented by the ACLU and the Juvenile Law Center, the plaintiffs sought declaratory and injunctive relief. The case was assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker.

The State of Wisconsin operated the Lincoln Hills School for Boys and the Copper Lake School for Girls, which incarcerated approximately 150–200 youth prisoners who were as young as 14 years old. According to the plaintiffs, the Schools routinely subjected these prisoners to unlawful mechanical restraints and pepper spraying, as well as to solitary confinement whereby the children were forced to remain in their cells for 22–23 hours a day. Many of these children were forced to spend their only free hour outside of a solitary confinement cell in handcuffs and chained to a table. The plaintiffs alleged that officers also repeatedly and excessively used bear mace and other pepper sprays against the children, causing them excruciating pain and impairing their breathing. The plaintiffs claimed that these practices constituted serious violations of the children’s constitutional rights, including their rights to substantive due process under the Fourteenth Amendment and their right to be free from cruel and unusual punishment under the Eighth Amendment.

On January 24, 2017, the plaintiffs moved for certification of a class defined as “[a]ll prisoners who are now, or in the future will be, confined at Lincoln Hills School for Boys and Copper Lake School for Girls.” On September 18, 2017, Judge Peterson granted class certification.

On April 17, 2017, the plaintiffs filed an amended complaint, adding five plaintiffs and additional factual allegations regarding those plaintiffs. The plaintiffs also requested attorneys’ fees and costs in their amended complaint.

On April 19, 2017, the plaintiffs sought a preliminary injunction ordering the defendants and their agents to eliminate the use of solitary confinement for disciplinary or punitive purposes, the routine use of mechanical restraints, and the use of pepper spray for punishment and behavior management or control. They also requested that the defendants limit any use of chemical agents to rare and temporary responses necessary to prevent imminent and serious physical harm to persons. In support of this motion, the plaintiffs argued that each of these practices violated the plaintiffs’ rights under the Eighth and Fourteenth Amendments.

On June 21, 2017, the Wisconsin State Journal, the Wisconsin Freedom of Information Council, the Milwaukee Journal Sentinel, the Wisconsin Newspaper Association, and the Associated Press moved to intervene for the limited purpose of objecting to any closure of any part of any proceedings in this lawsuit. Specifically, the intervenors objected to the plaintiffs' motion to close the courtroom for the display of videos to protect the identities of juveniles, urging the court to consider the public’s interest in transparency. That same day, the court entered an order granting the plaintiffs’ motion to close the courtroom but, in light of the intervenors’ objection, required the court to take a break before displaying the videos, and asked that those who remained in the courtroom sign a non-disclosure agreement.

Finding the plaintiffs’ arguments compelling, the court granted a preliminary injunction on July 10, 2017, barring defendants from using disciplinary or punitive restrictive housing or any other form of disciplinary or punitive solitary confinement in any manner other than in very limited and brief specific instances outlined by the court. The court also enjoined the defendants from using chemical agents in any manner other than where a prisoner engaged in physical harm to himself or others. Additionally, the court required the defendants and their agents to meet certain minimum standards with regard to their use of restrictive housing and their use of mechanical restraints.

The parties began settlement negotiations in September 2017.

In January 2018, the Wisconsin State Legislature voted to close Lincoln Hills and Copper Lake by January 1, 2021. (In the summer of 2019, that deadline was pushed back to July 1, 2021).

The parties continued their negotiations in mediation sessions before Magistrate Peter Oppeneer in April and May 2018. On June 1, 2018, after reaching a settlement, the parties jointly moved the court to grant preliminary approval of the proposed settlement agreement. On June 20, 2018, Judge Peterson granted preliminary approval of the proposed settlement agreement and approved the proposed notice. The preliminary approval contained eleven points for the parties to use as guidelines in reaching an agreement. These included: reducing the maximum amount of time incarcerated youth are held in solitary confinement, reducing the use of pepper spray, increasing opportunities for physical exercise, and ending a rule that only one book be allowed to inmates in solitary confinement. (Details here). On September 21, 2018, Judge Peterson approved the settlement agreement.

The settlement agreement required the defendants to adopt policy changes with regard to punitive solitary confinement, the use of chemical agents and mechanical restraints, and the administration of strip searches. All of these practices were in large part prohibited by the settlement agreement and those few instances where they were not prohibited were clearly defined by the agreement. The agreement also required that the defendants be monitored during the three-year-minimum settlement term and that they submit reports detailing the use of the new policies and practices. The defendants agreed to pay for a monitor's reasonable fees and costs. The defendants also agreed to pay the plaintiffs' counsel $885,000 in fees and costs for work done through June 18, 2018 and an additional $220.50/hour for work done by the plaintiffs' counsel from June 19, 2018 until entry of the settlement agreement. The court retained jurisdiction to ensure compliance.

Pursuant to the parties' agreement that the facilities be monitored, the monitor submitted her first report on January 14, 2019, indicating partial compliance with the settlement by the defendants and a need for documentation of policies to be improved. The majority of youth were no longer in solitary confinement for more than seven days, however, challenges as to the reliability of documentation remained. Under the settlement terms, administrative confinement was only to be used for a youth posing a serious risk of imminent physical harm to others, however, the monitor observed instances where administrative confinement was used though the youth wasn't at risk of imminent physical harm to others. Additionally, though strip searches had decreased, staff had been utilizing a "hygiene" check instead, where they required the youth to strip to their underwear. The monitor noted that this search should only be used for probable cause of youth possession drugs or weapons. In general, the monitor noted that documentation for policies, programs, and quality assurance needed to be improved further.

As of July 31, 2020, the court-appointed monitor continues to submit regular reports.

Summary Authors

Jake Parker (6/25/2018)

Emily Kempa (3/17/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4572267/parties/j-j-v-litscher-jon/


Judge(s)

Crocker, Stephen L. (Wisconsin)

Peterson, James Donald (Wisconsin)

Attorneys(s) for Plaintiff

Burdick, Katherine E. (Pennsylvania)

Dupuis, Laurence J. (Wisconsin)

Eastburn, Zachary T. (Wisconsin)

Feierman, Jesica R. (Pennsylvania)

Graham, Rachel Anne (Wisconsin)

Kadri, Asma Imtiazali (Wisconsin)

Levick, Marsha (Pennsylvania)

Lindell, Karen U. (Pennsylvania)

Judge(s)

Crocker, Stephen L. (Wisconsin)

Peterson, James Donald (Wisconsin)

Attorneys(s) for Plaintiff

Burdick, Katherine E. (Pennsylvania)

Dupuis, Laurence J. (Wisconsin)

Eastburn, Zachary T. (Wisconsin)

Feierman, Jesica R. (Pennsylvania)

Graham, Rachel Anne (Wisconsin)

Kadri, Asma Imtiazali (Wisconsin)

Levick, Marsha (Pennsylvania)

Lindell, Karen U. (Pennsylvania)

Muth, R. Timothy (Wisconsin)

Rotker, Karyn (Wisconsin)

Splitek, Matthew J. (Wisconsin)

Stedman, Emily Logan (Wisconsin)

Attorneys(s) for Defendant

Finkelmeyer, Corey F. (Wisconsin)

Hall, Samuel C. Jr. (Wisconsin)

Sparks, Benjamin Andrew (Wisconsin)

Other Attorney(s)

Brown, Dustin Brett (Wisconsin)

Expert/Monitor/Master

Abreu, Teresa (Wisconsin)

Documents in the Clearinghouse

Document

3:17-cv-00047

Docket [PACER]

July 9, 2020

July 9, 2020

Docket
1

3:17-cv-00047

Class Action Complaint for Declaratory and Injunctive Relief

Jan. 23, 2017

Jan. 23, 2017

Complaint
13

3:17-cv-00047

Class Action Complaint for Declaratory and Injunctive Relief

April 17, 2017

April 17, 2017

Complaint
71

3:17-cv-00047

Preliminary Injunction

July 10, 2017

July 10, 2017

Order/Opinion
98-1

3:17-cv-00047

Settlement Agreement

Oct. 31, 2017

Oct. 31, 2017

Settlement Agreement
97

3:17-cv-00047

Memorandum in Support of Joint Motion for Preliminary Settlement Approval

June 1, 2018

June 1, 2018

Pleading / Motion / Brief
109

3:17-cv-00047

First Report of the Monitor to Court

JJ v. Litscher

Jan. 14, 2019

Jan. 14, 2019

Monitor/Expert/Receiver Report
110

3:17-cv-00047

Second Report of the Monitor

April 17, 2019

April 17, 2019

Monitor/Expert/Receiver Report
111

3:17-cv-00047

Third Report of the Monitor

July 1, 2019

July 1, 2019

Monitor/Expert/Receiver Report
113

3:17-cv-00047

Fourth Report of the Monitor

Oct. 11, 2019

Oct. 11, 2019

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4572267/j-j-v-litscher-jon/

Last updated Aug. 27, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson. ( Filing fee $ 400 receipt number 0758-1956798.), filed by All Plaintiffs, (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Summons - Litscher, # 3 Summons - Paquin, # 4 Summons - Peterson, # 5 Summons - Gustke) (Graham, Rachel) Modified on 1/23/2017. (lak) (Entered: 01/23/2017)

1 JS-44 Civil Cover Sheet

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2 Summons - Litscher

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3 Summons - Paquin

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4 Summons - Peterson

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5 Summons - Gustke

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Jan. 23, 2017

Jan. 23, 2017

RECAP

Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jef),(ps)

Jan. 24, 2017

Jan. 24, 2017

PACER

Add and Terminate Judges

Jan. 24, 2017

Jan. 24, 2017

PACER
2

Motion to Certify Class under Rule 23 by Plaintiffs K. D., J. J., C. M., R. N.. (Graham, Rachel),(ps) Modified text on 4/26/2017 (jef). (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER

Motion for Screening of Complaint

Jan. 24, 2017

Jan. 24, 2017

PACER
3

Brief in Support of 2 Motion to Certify Class under Rule 23 by Plaintiffs K. D., J. J., C. M., R. N. (Graham, Rachel),(ps) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
4

Declaration of Laurence J. Dupuis filed by Plaintiffs K. D., J. J., C. M., R. N. re: 2 Motion to Certify Class under Rule 23, (Attachments: # 1 Exhibit A - Budget Issue Paper, # 2 Exhibit B - Letter-Open Records Request, # 3 Exhibit C - Population Breakdown Logs, # 4 Exhibit D - Monthly Reports, # 5 Exhibit E - Disciplinary Records (Page 34 is upside down.) (Graham, Rachel),(ps) Modified on 1/25/2017. (lak) (Entered: 01/24/2017)

1 Exhibit A - Budget Issue Paper

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2 Exhibit B - Letter-Open Records Request

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3 Exhibit C - Population Breakdown Logs

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4 Exhibit D - Monthly Reports

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5 Exhibit E - Disciplinary Records (Page 34 is upside down.)

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Jan. 24, 2017

Jan. 24, 2017

PACER
5

Initial Order: Plaintiffs' complaint taken under advisement. Signed by Magistrate Judge Peter A. Oppeneer on 1/24/2017. (jef),(ps) Modified text on 1/24/2017 (jef). (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

RECAP

Screening of Complaint pursuant to 28 U.S.C. 1915A. (jef),(ps)

Jan. 24, 2017

Jan. 24, 2017

PACER
6

** TEXT ONLY ORDER **Briefing and court action on plaintiffs' 2 motion for class certification is STAYED until the court holds the telephonic preliminary pretrial conference and sets the case schedule in consultation with both sides. Signed by Magistrate Judge Stephen L. Crocker on 1/24/2017. (nln),(ps) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
7

Notice of Appearance filed by Zachary T Eastburn for Plaintiffs K. D., J. J., C. M., R. N. (Eastburn, Zachary),(ps) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
8

Notice of Appearance filed by Benjamin Andrew Sparks for Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson. (Sparks, Benjamin),(ps) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
9

Notice of Appearance filed by Samuel C. Hall, Jr., for Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson. (Hall, Samuel),(ps) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
10

ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson. Summons to be issued to plaintiffs' counsel for service. Signed by District Judge James D. Peterson on 3/9/2017. (jef),(ps) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
11

Summons Issued as to Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson. (Attachments: # 1 Summons as to John Paquin, # 2 Summons as to Wendy Peterson, # 3 Summons as to Brian Gustke) (jef),(ps) (Entered: 03/09/2017)

1 Summons as to John Paquin

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2 Summons as to Wendy Peterson

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3 Summons as to Brian Gustke

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March 9, 2017

March 9, 2017

PACER
12

ANSWER with Jury Demand by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson. (Hall, Samuel),(ps) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER

Set Pretrial or Status Conference

March 30, 2017

March 30, 2017

PACER

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 4/20/2017 at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (nln),(ps)

March 30, 2017

March 30, 2017

PACER
13

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Eastburn, Zachary),(ps) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

RECAP
14

Report of Rule 26(f) Planning Meeting and Joint Discovery Plan. (Eastburn, Zachary),(ps) Modified on 4/18/2017. (lak) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
15

** TEXT ONLY ORDER ** Plaintiffs have filed an amended complaint that adds five new plaintiffs and one new Fourth Amendment strip search claim against the existing defendants. Dkt. 13 . Plaintiffs have a right to amend under Rule 15(a)(1)(B). But the court is still required to screen the amended complaint under 28 U.S.C. ยง 1915A. Plaintiffs have stated a new claim for relief, and the court will grant leave to proceed. The amended complaint is accepted as the operative pleading. Signed by District Judge James D. Peterson on 4/18/2017. (jef),(ps) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
16

MOTION FOR PRELIMINARY INJUNCTION by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K.. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER

Set P/I or TRO Motion Deadlines/Hearings

April 19, 2017

April 19, 2017

PACER
17

Brief in Support of 16 Motion for Preliminary Injunction by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
18

Proposed Findings of Fact filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
19

Declaration of Vincent Schiraldi filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction, (Attachments: # 1 Exhibit A - Schiraldi CV, # 2 Appendix B - Bibliography) (Eastburn, Zachary),(ps) Modified on 4/20/2017. (lak) (Entered: 04/19/2017)

1 Exhibit A - Schiraldi CV

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2 Appendix B - Bibliography

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April 19, 2017

April 19, 2017

PACER
20

Declaration of Stuart Grassian filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction, (Attachments: # 1 Exhibit A - Article, Psychiatric Effects of Solitary Confinement) (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

1 Exhibit A - Article, Psychiatric Effects of Solitary Confinement

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April 19, 2017

April 19, 2017

PACER
21

Declaration of J.J. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
22

Declaration of K.D. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
23

Declaration of C.M. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
24

Declaration of R.N. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
25

Declaration of M.S. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
26

Declaration of A.V. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
27

Declaration of M.R. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
28

Declaration of S.K. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
29

Declaration of A.P. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Eastburn, Zachary),(ps) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER

Set Deadlines as to 16 MOTION FOR PRELIMINARY INJUNCTION. Procedure to be followed on Motions for Injunctive Relief attached. Defendants' Brief in Opposition due 5/10/2017. Plaintiffs' Brief in Reply due 5/22/2017. Injunctive Hearing set for 6/8/2017 at 09:00 AM in Courtroom 360 before District Judge James D. Peterson. (elc),(ps)

April 19, 2017

April 19, 2017

PACER
30

Declaration of Rachel A. Graham filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction, (Attachments: # 1 Exhibit A - Transcript, # 2 Exhibit B - DJC PowerPoint, # 3 Exhibit C - Wis DOC Executive Leadership, # 4 Exhibit D - Wis DOC Division of Juvenile Corrections Website, # 5 Exhibit E - Lincoln Hill Website, # 6 Exhibit F - Response to Sen. Larson, # 7 Exhibit G - KD Disciplinary Records Excerpts - Redacted, # 8 Exhibit H - Youth Handbook, # 9 Exhibit I - Restrictive Housing Program, # 10 Exhibit J - Core Concepts Sept. 2014, # 11 Exhibit K - 2014 Annual Report, # 12 Exhibit L - APA Article, # 13 Exhibit M - AACAP Article, # 14 Exhibit N - NCCHC Article, # 15 Exhibit O - OJJDP Report, # 16 Exhibit P - Juvenile Justice and Delinquency Prevention Report, # 17 Exhibit Q - Juvenile Detention Facility Assessment, # 18 Exhibit R - US DOJ Report, # 19 Exhibit S - Presidential Memorandum, # 20 Exhibit T - UN Rules for the Protection of Juveniles, # 21 Exhibit U - Report of the Special Rapporteur, # 22 Exhibit V - Performance-based Standards, # 23 Exhibit W - Juvenile Justice Standards re: Corrections Admin., # 24 Exhibit X - Standard Minimum Rules for the Treatment of Prisoners, # 25 Exhibit Y - 51-Jurisdiction Survey of Juvenile Solitary Confinement Rules, # 26 Exhibit Z - Article re: Opinion Letters) (Graham, Rachel),(ps) (Entered: 04/19/2017)

1 Exhibit A - Transcript

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2 Exhibit B - DJC PowerPoint

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3 Exhibit C - Wis DOC Executive Leadership

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4 Exhibit D - Wis DOC Division of Juvenile Corrections Website

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5 Exhibit E - Lincoln Hill Website

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6 Exhibit F - Response to Sen. Larson

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7 Exhibit G - KD Disciplinary Records Excerpts - Redacted

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8 Exhibit H - Youth Handbook

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9 Exhibit I - Restrictive Housing Program

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10 Exhibit J - Core Concepts Sept. 2014

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11 Exhibit K - 2014 Annual Report

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12 Exhibit L - APA Article

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13 Exhibit M - AACAP Article

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14 Exhibit N - NCCHC Article

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15 Exhibit O - OJJDP Report

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16 Exhibit P - Juvenile Justice and Delinquency Prevention Report

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17 Exhibit Q - Juvenile Detention Facility Assessment

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18 Exhibit R - US DOJ Report

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19 Exhibit S - Presidential Memorandum

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20 Exhibit T - UN Rules for the Protection of Juveniles

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21 Exhibit U - Report of the Special Rapporteur

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22 Exhibit V - Performance-based Standards

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23 Exhibit W - Juvenile Justice Standards re Corrections Admin.

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24 Exhibit X - Standard Minimum Rules for the Treatment of Prisoners

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25 Exhibit Y - 51-Jurisdiction Survey of Juvenile Solitary Confinement Rules

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26 Exhibit Z - Article re: Opinion Letters

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April 19, 2017

April 19, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 4/20/2017 [:30] (cak),(ps)

April 20, 2017

April 20, 2017

PACER

Telephone Preliminary Pretrial Conference

April 20, 2017

April 20, 2017

PACER
31

** TEXT ONLY ORDER ** At the April 20, 2017 unrecorded telephonic preliminary pretrial conference, the court granted defendants' unopposed oral request to move the date of the preliminary injunction hearing. The hearing is moved to June 22, 2017 at 9:00 a.m., with June 23, 2017 reserved in the event the hearing goes long. In light of this new date, defendants' brief in opposition is due by May 24, 2017, with any reply due by June 7, 2017. Signed by Magistrate Judge Stephen L. Crocker on 4/20/2017. (elc),(ps) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
32

Notice of Appearance filed by R Timothy Muth for Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K.. (Muth, R),(ps) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
33

Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 4/26/2017. (jef),(ps) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER

Set Motion and R&R Deadlines/Hearings

April 26, 2017

April 26, 2017

PACER
34

Pretrial Conference Order - Briefing on plaintiffs' motion to certify the class: Response due May 5, 2017, Reply due May 19, 2017. Dispositive Motions due 2/9/2018. Rule 26(a)(3) Disclosures and all motions in limine due 6/22/2018. Objections due 7/6/2018. Final Pretrial Conference set for 7/18/2018 at 04:00 PM. Court Trial set for 7/30/2018 at 09:00 AM. Signed by District Judge James D. Peterson on 4/26/2017. (jef),(ps) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER

Set Briefing Deadlines as to Plaintiffs' 2 Motion to Certify Class under Rule 23. Defendants' Brief in Opposition due 5/5/2017. Plaintiffs' Brief in Reply due 5/19/2017. (jef),(ps)

April 26, 2017

April 26, 2017

PACER
35

Joint Motion for Protective Order with Exhibit A Attached, by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K., (Attachments: # 1 Text of Proposed Order with Exhibit A) (Stedman, Emily),(ps) Modified on 4/27/2017: Corrected docketing event, etc. (lak) (Entered: 04/26/2017)

1 Text of Proposed Order with Exhibit A

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April 26, 2017

April 26, 2017

PACER
36

Protective Order. Signed by District Judge James D. Peterson on 4/26/2017. (jef),(ps) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

RECAP
37

ANSWER to Amended Complaint by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson. (Sparks, Benjamin),(ps) Modified on 5/2/2017: Corrected docketing event. (lak) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
38

Brief in Opposition by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson re: 2 Motion to Certify Class under Rule 23 filed by C. M., K. D., R. N., J. J. (Sparks, Benjamin),(ps) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER
39

Unopposed Motion to Supplement 18 Proposed Findings of Fact by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Exhibit A - Supplemented and Amended Statement, # 2 Exhibit B - Redline Supplemented and Amended Statement) (Graham, Rachel),(ps) (Entered: 05/12/2017)

1 Exhibit A - Supplemented and Amended Statement

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2 Exhibit B - Redline Supplemented and Amended Statement

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May 12, 2017

May 12, 2017

PACER
40

Declaration of Laura E. Olsen Dugan filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 39 Motion to Supplement, (Attachments: # 1 Exhibit A - Case No. 79-C-2 Stipulation, # 2 Exhibit B - Case No. 79-C-2 Reivitz Memo, # 3 Exhibit C - Case No. 79-C-2 Order of Dismissal) (Graham, Rachel),(ps) (Entered: 05/12/2017)

1 Exhibit A - Case No. 79-C-2 Stipulation

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2 Exhibit B - Case No. 79-C-2 Reivitz Memo

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3 Exhibit C - Case No. 79-C-2 Order of Dismissal

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May 12, 2017

May 12, 2017

PACER
41

Joint Motion for Extension of Time for Briefing Deadlines by Two Days by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. Motions referred to Magistrate Judge Stephen L. Crocker. (Graham, Rachel),(ps) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
42

** TEXT ONLY ORDER **ORDER granting 39 Unopposed Motion to Supplement 18 Proposed Findings of Fact. Signed by Magistrate Judge Stephen L. Crocker on 5/15/2017. (nln),(ps) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
43

** TEXT ONLY ORDER **ORDER granting 41 Motion for Extension of Time. Defendants' Brief in Opposition due 5/26/2017. Plaintiffs' Brief in Reply due 6/9/2017. Signed by Magistrate Judge Stephen L. Crocker on 5/15/2017. (nln),(ps) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
44

Plaintiffs' Supplemented and Amended Statement of Proposed Facts re: 16 Motion for Preliminary Injunction. (Exhibit A to dkt. 39 Motion to Supplement, granted on on 5/15/2017) (elc),(ps) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
45

Brief in Reply by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. in Support of 2 Motion to Certify Class under Rule 23. (Eastburn, Zachary),(ps) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
46

Disregard. See 48 . Modified on 5/22/2017. (lak) (Entered: 05/19/2017)

1 Exhibit A

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2 Exhibit B

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May 19, 2017

May 19, 2017

PACER
47

Second Declaration of J.J. filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 2 Motion to Certify Class under Rule 23. (Eastburn, Zachary),(ps) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
48

Second Declaration of Laurence J. Dupuis filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 2 Motion to Certify Class under Rule 23, (Attachments: # 1 Exhibit A - DOC Policy, # 2 Exhibit B - Redacted Strip Search Records) (Eastburn, Zachary),(ps) (Entered: 05/19/2017)

1 Exhibit A - DOC Policy

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2 Exhibit B - Redacted Strip Search Records

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May 19, 2017

May 19, 2017

PACER
49

Brief in Opposition by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson re: 16 Motion for Preliminary Injunction filed by M.S., K. D., A.P., M.R., J. J., C. M., S.K., R. N., A.V. (Hall, Samuel),(ps) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
50

Response to Supplemented and Amended Proposed Findings of Fact filed by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson re: 16 Motion for Preliminary Injunction. (Sparks, Benjamin),(ps) Modified on 5/30/2017. (lak) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
51

Declaration of Megan Jones filed by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson re: 16 Motion for Preliminary Injunction, (Attachments: # 1 Exhibit A - Midnight Population Breakdown, # 2 Exhibit B - Lowenstein Study) (Sparks, Benjamin),(ps) (Entered: 05/26/2017)

1 Exhibit A - Midnight Population Breakdown

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2 Exhibit B - Lowenstein Study

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May 26, 2017

May 26, 2017

PACER
52

Declaration of Brian Gustke filed by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson re: 16 Motion for Preliminary Injunction, (Attachments: # 1 Exhibit A - Mechanical Restraints Policy, # 2 Exhibit B - Use of Force Policy) (Sparks, Benjamin),(ps) (Entered: 05/26/2017)

1 Exhibit A - Mechanical Restraints Policy

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2 Exhibit B - Use of Force Policy

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May 26, 2017

May 26, 2017

PACER
53

Declaration of Kari Beier filed by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson re: 16 Motion for Preliminary Injunction. (Sparks, Benjamin),(ps) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
54

Notice of Appearance filed by Katherine E. Burdick for Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. (Burdick, Katherine),(ps) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
55

Declaration of Laurence J. Dupuis filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction, (Attachments: # 1 Exhibit A - Defendants' Responses To Plaintiffs' First Set Of Requests For Admissions, # 2 Exhibit B - Midnight Population Logs (May 2017), # 3 Exhibit C - SK Conduct Report (gummi worms), Final, # 4 Exhibit D - KD Paint Discipline, Final, # 5 Exhibit E - MS Discipline Mannequins (rev00001770), Final, # 6 Exhibit F - RHU Out Time Records, Final, # 7 Exhibit G - Krueger Post Orders, # 8 Exhibit H - JJ No Programming in RHU, Final, # 9 Exhibit I - MM Inelig for ART in RHU, Final, # 10 Exhibit J - Krueger Control Panel Exercise Room, # 11 Exhibit K - On the Belt Photos, # 12 Exhibit L - Incapacitating Agents Policy (rev00002015), # 13 Exhibit M - Pepper Spray Logs 2016-2017, Final, # 14 Exhibit N - JJ Medical Mental Health Screening, Final, # 15 Exhibit O - MR Medical Mental Health Screening, Final) (Graham, Rachel),(ps) Modified on 6/11/2017. (lak) (Entered: 06/09/2017)

1 Exhibit A - Defendants' Responses To Plaintiffs' First Set Of Requests

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2 Exhibit B - Midnight Population Logs (May 2017)

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3 Exhibit C - SK Conduct Report (gummi worms), Final

View on PACER

4 Exhibit D - KD Paint Discipline, Final

View on PACER

5 Exhibit E - MS Discipline Mannequins (rev00001770), Final

View on PACER

6 Exhibit F - RHU Out Time Records, Final

View on PACER

7 Exhibit G - Krueger Post Orders

View on PACER

8 Exhibit H - JJ No Programming in RHU, Final

View on PACER

9 Exhibit I - MM Inelig for ART in RHU, Final

View on PACER

10 Exhibit J - Krueger Control Panel Exercise Room

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11 Exhibit K - On the Belt Photos

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12 Exhibit L - Incapacitating Agents Policy (rev00002015)

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13 Exhibit M - Pepper Spray Logs 2016-2017, Final

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14 Exhibit N - JJ Medical Mental Health Screening, Final

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15 Exhibit O - MR Medical Mental Health Screening, Final

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June 9, 2017

June 9, 2017

PACER
56

Brief in Reply by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. in Support of 16 Motion for Preliminary Injunction. (Graham, Rachel),(ps) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
57

Reply in Support of Proposed Findings of Fact filed by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. re: 16 Motion for Preliminary Injunction. (Graham, Rachel),(ps) Modified on 6/11/2017: Corrected docket event. (lak). (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER

Docket Annotation: The injunctive hearing scheduled for June 22, 2017 at 09:00 AM before District Judge James D. Peterson will be held in Courtroom 260. (jef),(ps)

June 19, 2017

June 19, 2017

PACER

Docket Annotation

June 19, 2017

June 19, 2017

PACER
58

Unopposed Motion to Close Courtroom for Display of Videos to Protect Identities of Juveniles by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. (Graham, Rachel),(ps) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
59

Notice of Appearance filed by Dustin Brett Brown for Intervenor Parties The Milwaukee Journal Sentinel, The Wisconsin State Journal, The Associated Press, The Wisconsin Newspaper Association, The Wisconsin Freedom of Information Council. (Brown, Dustin),(ps) Modified on 6/22/2017. (lak) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
60

Motion to Intervene and Object to Plaintiffs' "Unopposed" Motion to Close Courtroom for Display of Videos to Protect Identities of Juveniles by Intervenor Parties The Associated Press, The Milwaukee Journal Sentinel, The Wisconsin Freedom of Information Council, The Wisconsin Newspaper Association, The Wisconsin State Journal. (Brown, Dustin),(ps) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER

Set/Reset Deadlines and Hearings re: 16 MOTION FOR PRELIMINARY INJUNCTION. Injunctive Hearing - Second Day set for 6/23/2017 at 9:00 AM before District Judge James D. Peterson. (arw),(ps)

June 22, 2017

June 22, 2017

PACER

Set P/I or TRO Motion Deadlines/Hearings

June 22, 2017

June 22, 2017

PACER
61

Minute Entry for proceedings held before District Judge James D. Peterson: Injunctive Hearing held on 6/22/2017 re 60 Motion to Intervene and Object to Plaintiffs' "Unopposed" Motion to Close Courtroom for Display of Videos to Protect Identities of Juveniles filed by The Wisconsin State Journal, The Wisconsin Freedom of Information Council, The Associated Press, The Milwaukee Journal Sentinel, The Wisconsin Newspaper Association, 58 Unopposed Motion to Close Courtroom for Display of Videos to Protect Identities of Juveniles filed by M.S., K. D., A.P., M.R., J. J., C. M., S.K., R. N., A.V. [7:30] (Court Reporter CS / JD.) (jef),(ps) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
62

Minute Entry for proceedings held before District Judge James D. Peterson: Injunctive Hearing held on 6/23/2017 re 16 MOTION FOR PRELIMINARY INJUNCTION filed by M.S., K. D., A.P., M.R., J. J., C. M., S.K., R. N., A.V. [1:20] (Court Reporter CS.) (jef),(ps) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
63

Exhibit List by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. (Attachments: # 1 Plaintiffs' exhibit list) (jef),(ps) (Additional attachment(s) added on 6/26/2017: # 2 Exhibit 1 - Deposition Designations, # 3 Exhibit 2 - Vincent Schiraldi CV, # 4 Exhibit 3 - Vincent Schiraldi Declaration, # 5 Exhibits 4-6 - Map, layouts, # 6 Exhibits 7-10 - Photos, # 7 Exhibits 11a-i - Timelines, # 8 Exhibits 12-13 - Photos exercise room, High Hall showers, # 9 Exhibit 14 - Krueger post order, procedures, daily operations, # 10 Exhibit 15 - DJC Policy # 500.70.10 (Mechanical Restraints), # 11 Exhibit 16 - Krueger timout record, restraint tally April 2017, # 12 Exhibit 17 - Pepper Spray Log, # 13 Exhibit 18 - Lowenstein Report, Excerpts, # 14 Exhibit 19 - Brian Gustke Declaration, # 15 Exhibit 20 - Brian Gustke Declaration, # 16 Exhibit 21 - Incidents of harm per 100 youth at LHS/CLS, # 17 Exhibit 22 - Youth Injury Reviews, # 18 Exhibit 23 - Midnight Population Logs, # 19 Exhibit 24 - M.L. Incident report, # 20 Exhibit 25 - A. O. Incident report, # 21 Exhibits 28-61 - Session notes, reviews, assessments, other documents, # 22 Exhibit 62 - Stuart Grassian CV, # 23 Exhibit 65 - Extract of due process log, # 24 Exhibit 66 - Entire spreadsheet of log (illegible), # 25 Injunction Order, 16-0799, # 26 Cases) (jef). Exhibits 26-27 videos to be filed conventionally. (jef). (Entered: 06/23/2017)

1 Plaintiffs' exhibit list

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2 Exhibit 1 - Deposition Designations

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3 Exhibit 2 - Vincent Schiraldi CV

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4 Exhibit 3 - Vincent Schiraldi Declaration

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5 Exhibits 4-6 - Map, layouts

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6 Exhibits 7-10 - Photos

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7 Exhibits 11a-i - Timelines

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8 Exhibits 12-13 - Photos exercise room, High Hall showers

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9 Exhibit 14 - Krueger post order, procedures, daily operations

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10 Exhibit 15 - DJC Policy # 500.70.10 (Mechanical Restraints)

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11 Exhibit 16 - Krueger timout record, restraint tally April 2017

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12 Exhibit 17 - Pepper Spray Log

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13 Exhibit 18 - Lowenstein Report, Excerpts

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14 Exhibit 19 - Brian Gustke Declaration

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15 Exhibit 20 - Brian Gustke Declaration

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16 Exhibit 21 - Incidents of harm per 100 youth at LHS/CLS

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17 Exhibit 22 - Youth Injury Reviews

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18 Exhibit 23 - Midnight Population Logs

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19 Exhibit 24 - M.L. Incident report

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20 Exhibit 25 - A. O. Incident report

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21 Exhibits 28-61 - Sessions notes, reviews, assessments, other docu

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22 Exhibit 62 - Stuart Grassian CV

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23 Exhibit 65 - Extract of due process log

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24 Exhibit 66 - Entire spreadsheet of log (illegible)

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25 Injunction Order, 16-0799

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26 Cases

View on PACER

June 23, 2017

June 23, 2017

PACER
64

Exhibit List by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson. (Attachments: # 1 Exhibit 63 - Discipline diagram, # 2 Exhibit 64 - May-June 2016 pepper spray log) (jef),(ps) (Entered: 06/23/2017)

1 Exhibit 63 - Discipline diagram

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2 Exhibit 64 - May-June 2016 pepper spray log

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June 23, 2017

June 23, 2017

PACER
65

ORDER providing guidance for form of the preliminary injunction. Signed by District Judge James D. Peterson on 06/23/2017. (ejt) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

RECAP
66

** TEXT ONLY ORDER ** Plaintiffs are reminded to submit copies of the videos used at the injunction hearing. Plaintiffs should also submit redacted versions of the videos so that the court provide copies to the public on request. Both versions must be submitted to the court by July 13, 2017. Signed by District Judge James D. Peterson on 6/29/17. (jat),(ps) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
67

Transcript of second day of motion hearing, held June 23, 2017 before Judge James D. Peterson. Court Reporter: CS. Please review the court's new policy regarding electronic transcripts of court proceedings: see Electronic Transcript Instructions. (jef),(ps) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
68

Clerk's Office Remark on 7/6/17: Plaintiffs conventionally filed two DVDs, marked Plaintiffs' Exs. 26 & 27, containing sealed unredacted version and redacted version of videos used at June 23 injunction hearing. DVDs maintained in clerk's office exhibit room, pro se shelf. (nln),(ps) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
69

Proposed Order on Plaintiffs' Motion for a Preliminary Injunction by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. (Graham, Rachel),(ps) Modified on 7/10/2017 (nln). Modified on 7/10/2017 (nln). (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
70

ORDER regarding agreed-upon provisions of the preliminary injunction. Signed by District Judge James D. Peterson on 7/10/2017. (jef),(ps) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

RECAP
71

PRELIMINARY INJUNCTION. Signed by District Judge James D. Peterson on 7/10/2017. (jef),(ps) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

RECAP
72

Stipulation to Extend Expert Disclosure/Report Deadlines by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K. (Dupuis, Laurence),(ps) Modified on 8/3/2017. (lak) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
73

** TEXT ONLY ORDER **The parties' 72 Joint Stipulation to Extend Expert Disclosure/Report Deadlines is accepted and entered by the court. Signed by Magistrate Judge Stephen L. Crocker on 8/2/2017. (nln),(ps) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
74

Unopposed Motion to Supplement 13 Amended Complaint by Plaintiffs A.P., A.V., K. D., J. J., C. M., M.R., M.S., R. N., S.K.. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Exhibit A-Supplemental Complaint) (Graham, Rachel),(ps) Modified on 8/22/2017 (nln). (Entered: 08/22/2017)

1 Exhibit A-Supplemental Complaint

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Aug. 22, 2017

Aug. 22, 2017

PACER
75

** TEXT ONLY ORDER **ORDER granting 74 Unopposed Motion to Supplement Amended Complaint. Plaintiffs must file their supplemental complaint as a separate docket entry. Signed by District Judge James D. Peterson on 8/23/2017. (nln),(ps) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
76

Supplement to 13 Amended Complaint filed by C. M., K. D., R. N., J. J. (Graham, Rachel),(ps) Modified on 8/23/2017 (nln). (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
77

Undated Supplement to 36 Protective Order, (Attachments: # 1 Exhibit A - Signed Protective Order, # 2 Exhibit B - PbS Non-Disclosure Agreement) (Eastburn, Zachary),(ps) Modified on 8/28/2017. (lak) (Entered: 08/25/2017)

1 Exhibit A - Signed Protective Order

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2 Exhibit B - PbS Non-Disclosure Agreement

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Aug. 25, 2017

Aug. 25, 2017

PACER
78

Notice by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson re: 71 Preliminary Injunction. Defendants' Report on Use of OC Spray, Pursuant to the Court's Preliminary Injunction. (Hall, Samuel),(ps) Modified on 9/1/2017. (lak) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER

Set Telephone Status Conference: Telephone Status Conference set for 9/15/2017 at 10:00 AM before Judge James D. Peterson. Counsel for Plaintiffs responsible for setting up the call to chambers at (608) 264-5504. (jef),(ps)

Sept. 5, 2017

Sept. 5, 2017

PACER

Set Pretrial or Status Conference

Sept. 5, 2017

Sept. 5, 2017

PACER
79

Notice by Defendants Brian Gustke, Jon E. Litscher, John D. Paquin, Wendy A. Peterson re: 76 Supplement. (Hall, Samuel),(ps) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER

Clerk's Office Notice: Due to several requests from media to be present for the September 15, 2017 telephone status conference, the court will hold the telephonic hearing in the courtroom so that media and members of the public may listen to the conference. The Telephone Status Conference set for 9/15/2017 at 10:00 AM before Judge James D. Peterson will be held in courtroom 260. Counsel for Plaintiffs remain responsible for setting up the call to chambers at (608) 264-5504. (jef),(ps) Modified text on 9/12/2017 (jef).

Sept. 11, 2017

Sept. 11, 2017

PACER

Set/Reset Hearings

Sept. 11, 2017

Sept. 11, 2017

PACER
80

Minute Entry for Proceedings held before Judge District Judge James D. Peterson: granting 2 Motion to Certify Class under Rule 23. Joint report on the status of compliance of the preliminary injunction is due within 21 days. Telephone Status Conference held on 9/15/2017 [0:30]. (Court Reporter CS.) (jef),(ps) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

RECAP

Case Details

State / Territory: Wisconsin

Case Type(s):

Juvenile Institution

Special Collection(s):

Post-PLRA enforceable consent decrees

Solitary confinement

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 23, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All prisoners who are now, or in the future will be, confined at Lincoln Hills School for Boys and Copper Lake School for Girls.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Juvenile Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wisconsin Department of Correction, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 885,000

Order Duration: 2018 - 2021

Content of Injunction:

Preliminary relief granted

Reporting

Monitor/Master

Recordkeeping

Monitoring

Required disclosure

Training

Issues

General:

Administrative segregation

Aggressive behavior

Assault/abuse by staff

Confinement/isolation

Disciplinary procedures

Disciplinary segregation

Excessive force

Failure to train

Juveniles

Pepper/OC spray

Restraints : chemical

Restraints : physical

Search policies

Staff (number, training, qualifications, wages)

Strip search policy

Suicide prevention

Medical/Mental Health:

Suicide prevention

Type of Facility:

Government-run