Case: Brian v. Clinicare Corp.

3:79-00188 | U.S. District Court for the Western District of Wisconsin

Filed Date: May 1, 1979

Clearinghouse coding complete

Case Summary

On May 1, 1979, a class action lawsuit was filed in the United States District Court for the Western District of Wisconsin, on behalf of all juveniles who had or may be placed at Eau Claire Academy, against the Academy, its parent company, Clinicare Corporation, and the company's directors, officers, psychiatric and medical staff. The plaintiffs, represented by the Youth Policy and Law Center, Inc., sought certification of the class. The defendants filed a motion to dismiss for failure to sta…

On May 1, 1979, a class action lawsuit was filed in the United States District Court for the Western District of Wisconsin, on behalf of all juveniles who had or may be placed at Eau Claire Academy, against the Academy, its parent company, Clinicare Corporation, and the company's directors, officers, psychiatric and medical staff. The plaintiffs, represented by the Youth Policy and Law Center, Inc., sought certification of the class. The defendants filed a motion to dismiss for failure to state a claim upon which relief can be granted.

Prior to ruling on either motion, the parties entered a consent decree in the United States District Court for the Western District of Wisconsin (Judge Barbara B. Crabb) on September 8, 1980. Although the defendants denied any wrongdoing, they agreed to adopt and enforce new policies governing the treatment of juveniles at Eau Claire Academy. Specifically, the defendants agreed to write disciplinary policies that focused on changing attitudes and teaching socially appropriate behavior instead of punishment. The consent decree specifically prohibited physical and verbal abuse, withholding meals, mail and family visits as discipline, allowing children to punish one another, and other inappropriate discipline. Clinicare agreed to limit its use of isolation to situations where it would be therapeutic. If isolation was used, the child would be placed in a safe space and would interact with a staff member at least every fifteen minutes. Finally, Clinicare agreed to discontinue the practice of using psychotropic drugs to control behavior, except in emergency situations.

The court (Judge Crabb) dismissed the individual defendants, but retained enforcement authority over the consent decree. We do not have the pleadings and motions and are not aware of further proceedings in this case.

Summary Authors

Kristen Sagar (11/27/2007)

People


Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorneys(s) for Plaintiff

Franz, John (Wisconsin)

Harlowe, Harold L. (Wisconsin)

Attorneys(s) for Defendant

Butt, Edward T. Jr. (Illinois)

Jaskolski, Ronald J. (Wisconsin)

Thomas, John E. (Ohio)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorneys(s) for Plaintiff

Franz, John (Wisconsin)

Harlowe, Harold L. (Wisconsin)

Attorneys(s) for Defendant

Butt, Edward T. Jr. (Illinois)

Jaskolski, Ronald J. (Wisconsin)

Thomas, John E. (Ohio)

Documents in the Clearinghouse

Document

3:79-00188

Consent Decree

Sept. 9, 1980

Sept. 9, 1980

Order/Opinion

Resources

Docket

Last updated Aug. 15, 2022, 3:05 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Wisconsin

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: May 1, 1979

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

all juveniles who had or may be placed at Eau Claire Academy

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Clinicare Corporation, Private Entity/Person

Eau Claire Academy, Private Entity/Person

Case Details

Availably Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1980 - None

Issues

General:

Disciplinary procedures

Disciplinary segregation

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run