Filed Date: May 19, 2005
Closed Date: Oct. 30, 2006
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This is a case about whether a Protection and Advocacy agency (P&A) can access names of students from a school during an investigation. On May 19, 2005, Disability Rights Wisconsin (DR Wisconsin), Wisconsin’s P&A, filed this lawsuit in the U.S. District Court for the Western District of Wisconsin. DR Wisconsin filed this lawsuit against the Wisconsin Department of Public Instruction under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), Protection and Advocacy of Human Rights Act (PAIR Act), and Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, DR Wisconsin sought injunctive relief to receive the Department’s records under its investigatory authority under the PAIMI, PAIR, and PAD Acts. DR Wisconsin claimed that the Department must provide them with contact information for legal representatives of students placed in a seclusion room at Abraham Lincoln Elementary School (Lincoln) to obtain their consent for records access. Judge Barbara Brandriff Crabb presided over this matter.
DR Wisconsin began investigating Lincoln following a news report about its seclusion room. DR Wisconsin sought unredacted investigation records about the seclusion room from the Department of Public Instruction. The Department provided the DR Wisconsin with redacted investigations records that did not include identifying information about students placed in the seclusion room or their legal representatives. On August 10, 2005, the court determined that the Department was not required to provide DR Wisconsin with the names of students placed in the seclusion room or their legal representatives. The court reasoned that DR Wisconsin had the responsibility of obtaining these names themselves. However, on September 13, 2006, the U.S. Court of Appeal for the Seventh Circuit overturned this decision. The appellate court determined that the DR Wisconsin could obtain the names of students from the Department or school before obtaining authorization from their legal representatives. The Seventh Circuit remanded the matter back to the U.S. District Court for the Western District of Wisconsin, and the parties settled on October 30, 2006.
Many documents are not available through PACER due to court restrictions.
Summary Authors
NDRN (12/16/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12007012/parties/disability-rights-wisconsin-inc-v-state-of-wisconsin-department-of/
Crabb, Barbara Brandriff (Wisconsin)
Spitzer-Resnick, Jeffrey D. (Wisconsin)
Bellavia, Thomas Charles (Wisconsin)
See docket on RECAP: https://www.courtlistener.com/docket/12007012/disability-rights-wisconsin-inc-v-state-of-wisconsin-department-of/
Last updated Jan. 17, 2026, 3:36 a.m.
State / Territory:
Case Type(s):
Key Dates
Filing Date: May 19, 2005
Closing Date: Oct. 30, 2006
Case Ongoing: No
Plaintiffs
Plaintiff Description:
P&A as plaintiff
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Wisconsin Dept of Public Instruction, State
Case Details
Causes of Action:
Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801
Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e
Other Dockets:
Western District of Wisconsin 3:05-cv-00295
U.S. Court of Appeals for the Seventh Circuit 05-04171
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General/Misc.:
Disability and Disability Rights: