Case: Disability Rights Wisconsin, Inc. v. Blom

1:17-cv-00183 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Feb. 8, 2017

Closed Date: Sept. 21, 2017

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy (P&A) agency’s records access authority. On February 8, 2017, Disability Rights Wisconsin filed this lawsuit in the U.S. District Court for the Eastern District of Wisconsin. Disability Rights Wisconsin filed this lawsuit against Melissa Blom and Rosemary Davis in their personal and official capacities as Outagamie County (County) Department of Health and Human Services employees, and Thomas Nelson in his personal and official capacity as Outagamie…

This is a case about a protection and advocacy (P&A) agency’s records access authority. On February 8, 2017, Disability Rights Wisconsin filed this lawsuit in the U.S. District Court for the Eastern District of Wisconsin. Disability Rights Wisconsin filed this lawsuit against Melissa Blom and Rosemary Davis in their personal and official capacities as Outagamie County (County) Department of Health and Human Services employees, and Thomas Nelson in his personal and official capacity as Outagamie County Executive. Disability Rights Wisconsin alleged that the County violated the Protection and Advocacy for Individuals with Mental Illness Act, Developmental Disabilities Assistance and Bill of Rights Act, and Protection and Advocacy for Individual Rights Act (P&A Acts) when they denied them access to death investigation records of a child in the county. Judge William C. Griesbach presided over this matter. 

This lawsuit began after Disability Rights Wisconsin learned from media reports in August 2016 that a fourteen-year-old with spinal muscular atrophy planned on ending her life by entering hospice care. Disability Rights Wisconsin contacted multiple county agencies, including Outagamie County, requesting they investigate the situation, but received no response from Outagamie County directly. In September 2022, Disability Rights Wisconsin learned that the child died in a hospice facility. Disability Rights Wisconsin then received a complaint of alleged neglect in her death from her biological father, and subsequently requested death investigation records from the County in October 2016. After ignoring multiple requests, the County denied Disability Rights Wisconsin’s requests citing state confidentiality laws. Disability Rights Wisconsin then filed this lawsuit.

On September 20, 2017, the parties reached a private settlement agreement not entered into the court record. The court dismissed the case on September 21, 2017. 

Summary Authors

NDRN (4/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13401722/parties/disability-rights-wisconsin-inc-v-blom/


Judge(s)

Griesbach, William C. (Wisconsin)

Attorney for Plaintiff

Hagopian, Mitchell M (Wisconsin)

Attorney for Defendant

Alexy, Paul E (Wisconsin)

Bitar, Remzy D (Wisconsin)

Schmid, Samantha R (Wisconsin)

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Documents in the Clearinghouse

Document
1

1:17-cv-00183

Complaint

Feb. 8, 2017

Feb. 8, 2017

Complaint
16

1:17-cv-00183

Stipulation for Dismissal of All Claims

Sept. 20, 2017

Sept. 20, 2017

Pleading / Motion / Brief
15

1:17-cv-00183

Re: DRW v. Blom, et al, U.S.D.C (E.D.WI) Case No. 17-CV-00183 WCG

Sept. 20, 2017

Sept. 20, 2017

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13401722/disability-rights-wisconsin-inc-v-blom/

Last updated Oct. 23, 2025, 9:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by Disability Rights Wisconsin Inc. ( Filing Fee PAID $400 receipt number 0757-2514936) (Attachments: # 1 Exhibit DRW letter to Blom August 17, 2016, # 2 Exhibit DCF letter to DRW August 29, 2016, # 3 Exhibit DRW letter to Blom October 14, 2016, # 4 Exhibit DRW letter to Blom November 8, 2016, # 5 Exhibit DRW letter to Guidote November 14, 2016, # 6 Exhibit DRW letter to Guidote November 30, 2016, # 7 Exhibit DRW letter to Guidote December 19, 2016, # 8 Exhibit Guidote letter to DRW December 21, 2016, # 9 Exhibit Guidote Letter to DRW January 6, 2017, # 10 Exhibit DRW letter to Guidote January 12, 2017, # 11 Exhibit DRW letter to Guidote February 6, 2017, # 12 Exhibit DRW letter to Guidote February 6, 2017)(Hagopian, Mitchell) (Additional attachment(s) added on 2/8/2017: # 13 Civil Cover Sheet) (lls). Modified filer on 2/8/2017 (lh).

1 Exhibit DRW letter to Blom August 17, 2016

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2 Exhibit DCF letter to DRW August 29, 2016

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3 Exhibit DRW letter to Blom October 14, 2016

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4 Exhibit DRW letter to Blom November 8, 2016

View on PACER

5 Exhibit DRW letter to Guidote November 14, 2016

View on PACER

6 Exhibit DRW letter to Guidote November 30, 2016

View on PACER

7 Exhibit DRW letter to Guidote December 19, 2016

View on PACER

8 Exhibit Guidote letter to DRW December 21, 2016

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9 Exhibit Guidote Letter to DRW January 6, 2017

View on PACER

10 Exhibit DRW letter to Guidote January 12, 2017

View on PACER

11 Exhibit DRW letter to Guidote February 6, 2017

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12 Exhibit DRW letter to Guidote February 6, 2017

View on PACER

13 Civil Cover Sheet

View on PACER

Feb. 8, 2017

Feb. 8, 2017

Clearinghouse
2

DISCLOSURE Statement by Disability Rights Wisconsin Inc. (Hagopian, Mitchell)

Feb. 8, 2017

Feb. 8, 2017

PACER
3

Refusal to Jurisdiction by US Magistrate Judge by Disability Rights Wisconsin Inc. (Hagopian, Mitchell)

Feb. 8, 2017

Feb. 8, 2017

PACER

Notice of Judge Assignment

Feb. 8, 2017

Feb. 8, 2017

PACER

NOTICE Regarding assignment of this matter to Chief Judge William C Griesbach; 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)

Feb. 8, 2017

Feb. 8, 2017

PACER
4

WAIVER OF SERVICE Returned Executed by Melissa Blom - Waiver sent on 2/10/2017. (Hagopian, Mitchell)

Feb. 19, 2017

Feb. 19, 2017

PACER
5

WAIVER OF SERVICE Returned Executed by Rosemary Davis - Waiver sent on 2/10/2017. (Hagopian, Mitchell)

Feb. 19, 2017

Feb. 19, 2017

PACER
6

WAIVER OF SERVICE Returned Executed by Thomas Nelson - Waiver sent on 2/10/2017. (Hagopian, Mitchell)

Feb. 19, 2017

Feb. 19, 2017

PACER
7

WAIVER OF SERVICE Returned Executed by Outagamie County - Waiver sent on 2/10/2017. (Hagopian, Mitchell)

Feb. 19, 2017

Feb. 19, 2017

PACER
8

NOTICE of Appearance by Remzy D Bitar on behalf of All Defendants. Attorney(s) appearing: Remzy D. Bitar (Bitar, Remzy)

April 10, 2017

April 10, 2017

PACER
9

ANSWER to 1 Complaint with Jury Demand by All Defendants.(Schmid, Samantha)

April 10, 2017

April 10, 2017

PACER
10

NOTICE of Hearing: Rule 16 Telephone Scheduling Conference set for 5/26/2017 at 09:20 AM before Chief Judge William C Griesbach. The court will initiate the call. Counsel are to provide the telephone number at which they can be reached (direct dial preferred) at least two days prior to the telephone conference. In the event counsel are unavailable at the scheduled time of the telephone conference, the conference may be rescheduled and counsel may be required to appear in person. Please provide your telephone number to the Office of the Clerk at wied_clerks_gb@wied.uscourts.gov(cc: all counsel)(mac)

May 10, 2017

May 10, 2017

PACER
11

Joint REPORT of Rule 26(f) Plan by All Defendants. (Alexy, Paul)

May 19, 2017

May 19, 2017

PACER
12

NOTICE of Appearance by Paul E Alexy on behalf of All Defendants. Attorney(s) appearing: Paul E. Alexy (Alexy, Paul)

May 19, 2017

May 19, 2017

PACER
13

Minute Entry for proceedings held before Chief Judge William C Griesbach: Rule 16 Telephone Scheduling Conference held on 5/26/2017. Plaintiff's Rule 26(a) Disclosures to be exchanged by 6/15/2017, Defendants Rule 26(a) Disclosures to be exchanged by 6/30/2017, Amended Pleadings due by 7/21/2017, Discovery due by 9/1/2017, Plaintiff's Expert Witness List due by 7/31/2017, Defendants Expert Witness List due by 9/29/2017, Motions due by 10/13/2017. (Tape #052617) (mac) (Entered: 05/30/2017)

May 26, 2017

May 26, 2017

PACER
14

SCHEDULING ORDER signed by Chief Judge William C Griesbach on 5/30/2017. (cc: all counsel)(Griesbach, William)

May 30, 2017

May 30, 2017

PACER
15

LETTER from Disability Rights Wisconsin to Judge Griesbach. (Hagopian, Mitchell)

Sept. 20, 2017

Sept. 20, 2017

Clearinghouse
16

STIPULATION of Dismissal by Disability Rights Wisconsin Inc. (Hagopian, Mitchell)

Sept. 20, 2017

Sept. 20, 2017

Clearinghouse
17

PROPOSED Proposed dismissal order filed by Disability Rights Wisconsin Inc. (Hagopian, Mitchell)

Sept. 20, 2017

Sept. 20, 2017

PACER
18

ORDER DISMISSING CASE with prejudice and without costs to any party, signed by Chief Judge William C Griesbach on 9/21/2017. (cc: all counsel)(Griesbach, William)

Sept. 21, 2017

Sept. 21, 2017

PACER

NOTICE of Electronic Filing Error re 17 Proposed Document filed by Disability Rights Wisconsin Inc; Proposed Orders should be e-filed as an attachment to the stipulation or motion and NOT e-filed as a separate document. Please ensure that the proposed order has been emailed to the proposed email box for the assigned judge in Word or WordPerfect format. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (mac)

Sept. 21, 2017

Sept. 21, 2017

PACER

Notice of Electronic Filing Error

Sept. 21, 2017

Sept. 21, 2017

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 8, 2017

Closing Date: Sept. 21, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protection and advocacy organization

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

Outagamie County Department of Health and Human Services, County

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing