Filed Date: Feb. 8, 2017
Closed Date: Sept. 21, 2017
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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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13401722/parties/disability-rights-wisconsin-inc-v-blom/
Griesbach, William C. (Wisconsin)
Hagopian, Mitchell M (Wisconsin)
Alexy, Paul E (Wisconsin)
Bitar, Remzy D (Wisconsin)
Schmid, Samantha R (Wisconsin)
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.
State / Territory: Wisconsin
Case Type(s):
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):
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:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Disability and Disability Rights: