Case: Hall v. County of Milwaukee

2:17-cv-00379 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: March 14, 2017

Closed Date: June 8, 2018

Clearinghouse coding complete

Case Summary

On March 14, 2017, a female prisoner who was forced to receive prenatal care, give birth, and undergo post-partum treatment while shackled, filed a putative class-action complaint in the U.S. District Court for the Eastern District of Wisconsin. The plaintiff sued the County of Milwaukee under 42 U.S.C. § 1983 and state law. The plaintiff, represented by private counsel, sought compensatory damages and attorneys’ fees. The plaintiff alleged that in being shackled in accordance with the Milwauke…

On March 14, 2017, a female prisoner who was forced to receive prenatal care, give birth, and undergo post-partum treatment while shackled, filed a putative class-action complaint in the U.S. District Court for the Eastern District of Wisconsin. The plaintiff sued the County of Milwaukee under 42 U.S.C. § 1983 and state law. The plaintiff, represented by private counsel, sought compensatory damages and attorneys’ fees. The plaintiff alleged that in being shackled in accordance with the Milwaukee County Jail’s (MCJ) policy, her Fourteenth Amendment right to due process had been violated.

The case was originally assigned to Magistrate Judge David E. Jones. Due to non-consent to jurisdiction on the part of the plaintiff, however, the case was reassigned to Judge Lynn Adelman. On April 11, 2017, the plaintiff filed an amended complaint that contained minor rewordings of the factual allegations without significantly altering the claims for relief.

On October 17, 2017, the plaintiff filed a motion to certify class. The proposed class definition included “All persons who, while incarcerated by Milwaukee County Jail, were hospitalized for labor, delivery, or to receive post-partum treatment at any time from February 1, 2010-present.” This definition differed from the one originally proposed in the complaint in that it did not include “prenatal” care. Judge Adelman denied this motion on May 23, 2018.

Litigation continued after the order denying class certification until April 8, 2019, when the parties informed the court that they had reached a private settlement agreement. The contents of this agreement was not made public. The plaintiff stipulated to dismissal on June 18, 2019. This case is now closed.

Summary Authors

Jake Parker (5/24/2018)

Alex Moody (4/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6251585/parties/hall-v-county-of-milwaukee/


Documents in the Clearinghouse

Documents in this case

2:17-cv-00379

Docket [PACER]

May 23, 2018

May 23, 2018

Docket
1

2:17-cv-00379

Complaint

March 14, 2017

March 14, 2017

Complaint
11

2:17-cv-00379

First Amended Complaint

April 11, 2017

April 11, 2017

Complaint
44

2:17-cv-00379

Decision and Order

May 23, 2018

May 23, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6251585/hall-v-county-of-milwaukee/

Last updated June 2, 2026, 12:33 a.m.

Docket for: Hall v. County of Milwaukee
ECF Number Date Description Link
March 14, 2017

NOTICE Regarding assignment of this matter to Magistrate Judge David E Jones; Consent/refusal forms for Magistrate Judge Jones to be filed within 21 days; the consent/refusal form is available on our website; pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (lls)

PACER
1 March 14, 2017

COMPLAINT with Jury Demand; against David A. Clarke, Jr., County of Milwaukee by Melissa Hall. ( Filing Fee PAID $400 receipt number 0757-2537633) (Attachments: # 1 Proposed Summons for County of Milwaukee, # 2 Proposed Summons for David Clarke, # 3 Civil Cover Sheet)(Kleinhaus, Theresa) Modified on 3/15/2017 (amb).

1 Summons Proposed Summons for County of Milwaukee

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2 Summons Proposed Summons for David Clarke

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3 Civil Cover Sheet

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RECAP
2 March 14, 2017

NOTICE of Appearance by Theresa Kleinhaus on behalf of Melissa Hall. Attorney(s) appearing: Theresa Kleinhaus (Kleinhaus, Theresa)

RECAP
3 March 14, 2017

NOTICE of Appearance by Arthur Loevy on behalf of Melissa Hall. Attorney(s) appearing: Arthur Loevy (Loevy, Arthur)

RECAP
4 March 14, 2017

NOTICE of Appearance by Scott Rauscher on behalf of Melissa Hall. Attorney(s) appearing: Scott Rauscher (Rauscher, Scott)

RECAP
5 March 14, 2017

DISCLOSURE Statement by Melissa Hall. (Kleinhaus, Theresa)

RECAP
March 14, 2017

Notice of Judge Assignment

March 14, 2017

NOTICE Regarding assignment of this matter to Magistrate Judge David E Jones; Consent/refusal forms for Magistrate Judge Jones to be filed within 21 days; the consent/refusal form is available on our website; pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (lls)

March 15, 2017

Case Opening Modification(s); The following modification(s) have been made to your case entry: The attached summons was not prepared using the version found on our website that allows them to be issued − please follow the instructions and resubmit the summons using the event Request for Issuance of Summons which is found under the heading other documents. Please refer to the attorney case opening instructions and the summons instructions. (amb)

PACER
March 15, 2017

TEXT ONLY ORDER signed by Magistrate Judge David E Jones on 03/15/2017. Plaintiff must file proof of service of the complaint or a report on the status of service for each defendant within 45 days of the date of this order. (cc: all counsel)(amb)

PACER
6 March 15, 2017

REQUEST for Issuance of Summons by Melissa Hall (Attachments: # 1 Request for Issuance of Summons - David Clarke)(Kleinhaus, Theresa)

1 Request for Issuance of Summons - David Clarke

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RECAP
7 March 15, 2017

NOTICE of Appearance by Michael I Kanovitz on behalf of Melissa Hall. Attorney(s) appearing: Michael Kanovitz (Kanovitz, Michael)

RECAP
March 15, 2017

Case Opening Modification

March 15, 2017

Text Only Order

March 15, 2017

TEXT ONLY ORDER signed by Magistrate Judge David E Jones on 03/15/2017. Plaintiff must file proof of service of the complaint or a report on the status of service for each defendant within 45 days of the date of this order. (cc: all counsel)(amb)

March 15, 2017

Case Opening Modification(s); The following modification(s) have been made to your case entry: The attached summons was not prepared using the version found on our website that allows them to be issued - please follow the instructions and resubmit the summons using the event Request for Issuance of Summons which is found under the heading other documents. Please refer to the attorney case opening instructions and the summons instructions. (amb)

March 16, 2017

Summons Issued as to All Defendants. (amb)

PACER
March 16, 2017

Summons Issued as to All Defendants. (amb)

March 16, 2017

Summons Issued

8 March 21, 2017

SUMMONS Returned Executed by Melissa Hall. County of Milwaukee served on 3/21/2017. (Kleinhaus, Theresa)

RECAP
9 March 21, 2017

SUMMONS Returned Executed by Melissa Hall. David A Clarke, Jr served on 3/21/2017. (Kleinhaus, Theresa)

RECAP
10 March 21, 2017

Consent to Jurisdiction by US Magistrate Judge by Melissa Hall. (Kleinhaus, Theresa)

RECAP
April 11, 2017

Case Reassigned to Judge Lynn Adelman. Magistrate Judge David E Jones no longer assigned to the case due to non−consent. (amb)

PACER
11 April 11, 2017

AMENDED COMPLAINT with Jury Demand against David A Clarke, Jr, County of Milwaukee filed by Melissa Hall.(Kleinhaus, Theresa)

RECAP
12 April 11, 2017

ANSWER to 1 Complaint, by David A Clarke, Jr, County of Milwaukee.(Posnanski, Timothy)

RECAP
13 April 11, 2017

DISCLOSURE Statement by David A Clarke, Jr, County of Milwaukee. (Posnanski, Timothy)

RECAP
14 April 11, 2017

Refusal to Jurisdiction by US Magistrate Judge by David A Clarke, Jr, County of Milwaukee. (Posnanski, Timothy)

RECAP
April 11, 2017

Case Reassigned to Judge Lynn Adelman. Magistrate Judge David E Jones no longer assigned to the case due to non-consent. (amb)

April 11, 2017

Case Assigned/Reassigned

15 April 12, 2017

SCHEDULING ORDER signed by Judge Lynn Adelman on 4/12/17. Scheduling Conference set for 5/24/2017 at 11:00 AM by telephone before Judge Lynn Adelman. (cc: all counsel)(gc)

RECAP
16 April 17, 2017

NOTICE of Appearance by Aisha N Davis on behalf of Melissa Hall. Attorney(s) appearing: Aisha Davis (Davis, Aisha)

RECAP
17 April 25, 2017

NOTICE of Appearance by Charles H Bohl on behalf of David A Clarke, Jr, County of Milwaukee. Attorney(s) appearing: Charles H. Bohl (Bohl, Charles)

RECAP
18 April 25, 2017

NOTICE of Appearance by Andrew A Jones on behalf of David A Clarke, Jr, County of Milwaukee. Attorney(s) appearing: Andrew A. Jones (Jones, Andrew)

RECAP
19 April 25, 2017

ANSWER to 11 Amended Complaint by David A Clarke, Jr, County of Milwaukee.(Posnanski, Timothy)

RECAP
20 May 4, 2017

Joint REPORT of Rule 26(f) Plan by Melissa Hall. (Kleinhaus, Theresa)

RECAP
21 May 24, 2017

Minute Entry for proceedings held before Judge Lynn Adelman:Telephonic Scheduling Conference held on 5/24/2017; Court to adopt parties proposed schedule (jcl) (Entered: 05/25/2017)

RECAP
22 May 25, 2017

ORDER FOLLOWING SCHEDULING CONFERENCE signed by Judge Lynn Adelman on 5/25/17. Class Certification Motions due by 10/17/17; Plaintiffs Expert Witness List due by 2/1/2018; Defendants Expert Witness List due by 3/1/2018; Plaintiffs Rebuttal Expert Witness List due by 4/2/18; Discovery due by 1/15/2018; Dispositive Motions due by 4/16/2018. (cc: all counsel)(gc) (Entered: 05/26/2017)

RECAP
23 June 12, 2017

NOTICE of Appearance by Samuel D Heppell on behalf of Melissa Hall. Attorney(s) appearing: Sam Heppell (Heppell, Samuel)

RECAP
24 June 16, 2017

STIPULATION For HIPAA-Qualified Protective Order by All Plaintiffs. (Kleinhaus, Theresa)

RECAP
25 June 16, 2017

PROPOSED Proposed Qualified HIPAA Protective Order for Protected Health Information filed by Melissa Hall. (Kleinhaus, Theresa)

RECAP
26 June 19, 2017

QUALIFIED HIPAA PROTECTIVE ORDER FOR PROTECTED HEALTH INFORMATION signed by Judge Lynn Adelman on 6/19/17. See Order. (cc: all counsel)(gc)

RECAP
27 July 17, 2017

Unopposed MOTION for Order Directing Ascension Healthcare to Produce Certain Medical Records by Melissa Hall. (Attachments: # 1 Text of Proposed Order)(Kleinhaus, Theresa)

1 Text of Proposed Order

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RECAP
28 July 19, 2017

ORDER GRANTING 27 Unopposed Motion for Order Directing Ascension Healthcare to Produce Certain Medical Records signed by Judge Lynn Adelman on 7/19/17. Court hereby orders that those records be released. (cc: all counsel) (gc)

RECAP
29 Aug. 25, 2017

MOTION to Withdraw as Attorney Sarah Grusin by Melissa Hall. (Heppell, Samuel)

RECAP
Aug. 28, 2017

TEXT ONLY ORDER signed by Judge Lynn Adelman on 8/28/17 GRANTING 29 Motion to Withdraw as Attorney Sarah Grusin . (cc: all counsel)(gc)

PACER
Aug. 28, 2017

TEXT ONLY ORDER signed by Judge Lynn Adelman on 8/28/17 GRANTING 29 Motion to Withdraw as Attorney Sarah Grusin. (cc: all counsel)(gc)

Aug. 28, 2017

Text Only Order

30 Oct. 17, 2017

MOTION to Restrict Document by Melissa Hall. (Attachments: # 1 Text of Proposed Order)(Kleinhaus, Theresa)

1 Text of Proposed Order

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RECAP
31 Oct. 17, 2017

MOTION to Certify Class by Melissa Hall. This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 26-A, # 28 Exhibit List)(Kleinhaus, Theresa) Modified on 10/18/2017 (asc).

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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23 Exhibit 23

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24 Exhibit 24

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25 Exhibit 25

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26 Exhibit 26

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27 Exhibit 26-A

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RECAP
32 Oct. 17, 2017

Exhibit List by Melissa Hall. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 12, # 8 Exhibit 13, # 9 Exhibit 14, # 10 Exhibit 15, # 11 Exhibit 16, # 12 Exhibit 17, # 13 Exhibit 18, # 14 Exhibit 19, # 15 Exhibit 20, # 16 Exhibit 21)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Kleinhaus, Theresa)

RECAP
33 Oct. 18, 2017

Amended MOTION to Restrict Document by Melissa Hall. (Attachments: # 1 Text of Proposed Order Amended)(Kleinhaus, Theresa)

1 Text of Proposed Order Amended

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RECAP
34 Oct. 24, 2017

STIPULATION for Extension of Time by All Defendants. (Attachments: # 1 Text of Proposed Order)(Jones, Andrew)

1 Text of Proposed Order

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RECAP
35 Oct. 25, 2017

ORDER FOR EXTENSION OF TIME. Defendant's submissions in opposition to Plaintiff's Motion for Class Certification 31 due by 11/14/17. Signed by Judge Lynn Adelman on 10/25/2017. (cc: all counsel)(gc)

RECAP
36 Nov. 14, 2017

BRIEF in Opposition filed by David A Clarke, Jr, County of Milwaukee re 31 MOTION to Certify Class . (Jones, Andrew)

RECAP
37 Nov. 14, 2017

DECLARATION of James Cox (Jones, Andrew)

RECAP
38 Nov. 14, 2017

DECLARATION of Andrew A. Jones (Attachments: # 1 Exhibit A: Hall Deposition Excerpts)(Jones, Andrew)

1 Exhibit A: Hall Deposition Excerpts

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RECAP
39 Nov. 28, 2017

REPLY BRIEF in Support filed by Melissa Hall re 31 MOTION to Certify Class . (Attachments: # 1 Exhibit List, # 2 Exhibit 27 - Summary Judgment Order in Martin v. County of Milwaukee, # 3 Exhibit 28 - Melissa Hall Court Recordds, # 4 Exhibit 29 - Cover Sheet for Sealed Exhibit 29)(Rauscher, Scott)

1 Exhibit List

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2 Exhibit 27 - Summary Judgment Order in Martin v. County of Milwaukee

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3 Exhibit 28 - Melissa Hall Court Recordds

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4 Exhibit 29 - Cover Sheet for Sealed Exhibit 29

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RECAP
40 Nov. 28, 2017

MOTION to Restrict Document - Exhibit 29 to Reply in Support of Motion for Class Certification by Melissa Hall. (Rauscher, Scott)

RECAP
41 Nov. 28, 2017

APPENDIX by Melissa Hall Sealed Exhibit 29 to Reply in Support of Motion for Class Certification. This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Rauscher, Scott)

RECAP
42 Dec. 20, 2017

Joint MOTION to Amend/Correct Scheduling Order by Melissa Hall. (Attachments: # 1 Text of Proposed Order)(Kleinhaus, Theresa)

1 Text of Proposed Order

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RECAP
43 Dec. 22, 2017

ORDER granting 42 Joint Motion to Amend/Correct Scheduling Order. The court vacates the Scheduling Order set forth in Docket No. 22 . The parties are directed to submit a proposed discovery schedule within 14 days of the Court's ruling on the class certification motion. Signed by Judge Lynn Adelman on 12/22/2017. (cc: all counsel) (gc)

RECAP
44 May 23, 2018

DECISION AND ORDER signed by Judge Lynn Adelman on 5/23/18 denying 31 Motion to Certify Class. (cc: all counsel) (jad) (Entered: 05/24/2018)

RECAP
45 June 7, 2018

STATUS REPORT Joint Proposed Pretrial Schedule by Melissa Hall. (Kleinhaus, Theresa)

RECAP
46 June 8, 2018

STATUS REPORT AMENDED by Melissa Hall. (Kleinhaus, Theresa)

RECAP
47 June 11, 2018

AMENDED SCHEDULING ORDER signed by Judge Lynn Adelman on 6/11/18. (cc: all counsel)(jad)

RECAP
48 June 11, 2018

ORDER signed by Judge Lynn Adelman on 6/11/18., IT IS ORDERED that the plaintiffs' motions to seal 30, 33 & 40 are DENIED. However, the Clerk of Court shall keep the documents under seal until the court orders otherwise. The plaintiff may file a fresh motion to seal that complies with the court's instructions within 21 days of the date of this order. (cc: all counsel) (jad)

RECAP
49 July 2, 2018

Amended MOTION to Restrict Document by Melissa Hall. (Attachments: # 1 Exhibit Redacted Exhibit List, # 2 Exhibit Redacted County Response, # 3 Exhibit Redacted Hampton Log, # 4 Exhibit Redacted Buchanan Log, # 5 Exhibit Redacted Lappegard Log, # 6 Exhibit Redacted Crook Log, # 7 Exhibit Redacted Mierow Log, # 8 Exhibit Redacted Lyons Log, # 9 Exhibit Redacted Prospective Class Members, # 10 Exhibit Redacted Hall Declaration, # 11 Exhibit Redacted Anderson Declaration, # 12 Exhibit Redacted Carr Declaration, # 13 Exhibit Redacted McCarthy Declaration, # 14 Exhibit Redacted Sellenheim Declaration, # 15 Exhibit Redacted Wisch Declaration, # 16 Exhibit Redacted Mora Declaration, # 17 Exhibit Redacted Johnson Declaration)(Davis, Aisha)

1 Exhibit Redacted Exhibit List

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2 Exhibit Redacted County Response

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3 Exhibit Redacted Hampton Log

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4 Exhibit Redacted Buchanan Log

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5 Exhibit Redacted Lappegard Log

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6 Exhibit Redacted Crook Log

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7 Exhibit Redacted Mierow Log

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8 Exhibit Redacted Lyons Log

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9 Exhibit Redacted Prospective Class Members

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10 Exhibit Redacted Hall Declaration

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11 Exhibit Redacted Anderson Declaration

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12 Exhibit Redacted Carr Declaration

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13 Exhibit Redacted McCarthy Declaration

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14 Exhibit Redacted Sellenheim Declaration

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15 Exhibit Redacted Wisch Declaration

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16 Exhibit Redacted Mora Declaration

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17 Exhibit Redacted Johnson Declaration

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RECAP
July 5, 2018

TEXT ONLY ORDER signed by Judge Lynn Adelman on 7/5/18 granting 49 Motion to Seal Document. (cc: all counsel) (jad)

50 Sept. 4, 2018

MOTION to Withdraw as Attorney by David A Clarke, Jr, County of Milwaukee. (Jones, Andrew)

RECAP
Sept. 5, 2018

TEXT ONLY ORDER signed by Judge Lynn Adelman on 9/5/18 granting 50 Motion to Withdraw as Attorney. Attorney Andrew A Jones terminated. (cc: all counsel) (jad)

51 Oct. 5, 2018

STATUS REPORT Joint Proposed Pretrial Schedule by Melissa Hall. (Kleinhaus, Theresa)

RECAP
Oct. 10, 2018

TEXT ONLY ORDER granting 51 Joint Proposed Pretrial Schedule signed by Judge Lynn Adelman on 10/10/18. (cc: all counsel)(jad)

52 Dec. 14, 2018

NOTICE of Appearance by Megan Pierce on behalf of Melissa Hall. Attorney(s) appearing: Megan Pierce (Pierce, Megan)

RECAP
53 Dec. 14, 2018

MOTION to Withdraw as Attorney by Melissa Hall. (Davis, Aisha)

RECAP
Dec. 17, 2018

Order on Motion to Withdraw as Attorney

Dec. 17, 2018

TEXT ONLY ORDER signed by Judge Lynn Adelman on 12/17/18 granting 53 Motion to Withdraw as Attorney. Attorney Aisha N Davis terminated. (cc: all counsel) (jad)

54 Dec. 26, 2018

MOTION to Withdraw by All Defendants. (Bohl, Charles)

RECAP
Dec. 27, 2018

Order on Motion to Withdraw

Dec. 27, 2018

ORDER signed by Judge Lynn Adelman on 12/27/18 granting 54 Motion to Withdraw. (cc: all counsel) (jad)

55 Feb. 11, 2019

STIPULATION of Pre-Trial Schedule, Joint by Melissa Hall. (Kleinhaus, Theresa)

RECAP
April 8, 2019

Docket Annotation

April 8, 2019

Docket Annotation - The parties have informed the court that they have reached a settlement. Therefore, the case will be closed for administrative purposes only pending receipt of a formal dismissal filing. (jad)

56 June 18, 2019

STIPULATION of Dismissal by Melissa Hall. (Kleinhaus, Theresa)

RECAP

Case Details

State / Territory:

Wisconsin

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Post-PLRA Jail and Prison Private Settlement Agreements

Key Dates

Filing Date: March 14, 2017

Closing Date: June 8, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who, while incarcerated by Milwaukee County Jail, were hospitalized for labor, delivery, or to receive post-partum treatment at any time from February 1, 2010-present.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

County of Milwaukee

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Other Dockets:

Eastern District of Wisconsin 2:17-cv-00379

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Conditions of confinement

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Restraints (physical)

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)

Recommended Citation