Case: U.S. v. Wisconsin

3:97-cv-00231 | U.S. District Court for the Western District of Wisconsin

Filed Date: April 4, 1997

Closed Date: Feb. 13, 2006

Clearinghouse coding complete

Case Summary

In 1993, the Civil Rights Division of the U.S. Department of Justice (DOJ) notified the State of Wisconsin, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997, that it was commencing an investigation into conditions at the Southern Wisconsin Center for the Developmentally Disabled ("SWC"), in Union Grove, and the Central Wisconsin Center for the Developmentally Disabled ("CWC"), in Madison, Wisconsin.Following investigative tours of both facilities by the DO…

In 1993, the Civil Rights Division of the U.S. Department of Justice (DOJ) notified the State of Wisconsin, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997, that it was commencing an investigation into conditions at the Southern Wisconsin Center for the Developmentally Disabled ("SWC"), in Union Grove, and the Central Wisconsin Center for the Developmentally Disabled ("CWC"), in Madison, Wisconsin.

Following investigative tours of both facilities by the DOJ and its experts, the DOJ sent its initial findings letter on to the Wisconsin Department of Health and Social Services (DHSS) on July 16, 1993.

The DOJ re-toured the facilities in April of 1994 and submitted it supplemental finds letter in September 1994. In that letter, the DOJ detailed the deficiencies it found in both institutions, which included:

1. Dangerously deficient medical care

2. Inadequate administration and monitoring of psychotropic medications and psychiatric services

3. Inadequate supervision resulting in harm and injuries to residents

4. Psychology services which deviated from Accepted Professional Standards

5. Institutional environments that failed to meet the needs of the residents.

Negotiations followed between the DOJ and the DHSS, which resulted in an agreed resolution of the deficiencies uncovered by the DOJ at both institutions.

On April 4, 1997, the DOJ filed a lawsuit pursuant to CRIPA in the U.S. District Court for the Western District of Wisconsin, along with a proposed Settlement Agreement entered into by the parties. On April 10, 1997, the District Court (Judge Barbara B. Crabb) approved the Settlement Agreement. The Agreement called for monitoring of defendants' compliance by a panel of joint experts in the fields of psychology/habilitation, developmental medicine (with expertise in neurology) and psychiatry. By its terms, the Agreement was set to terminate after the third annual inspection tour of the joint experts, if the experts determined that the defendants were in compliance.

In 1998, the U.S. apparently found non-compliance, and filed a motion on February 18 to enforce the settlement agreement. The state opposed that motion, but the Court granted it on April 13, 1998. In November, the parties entered a joint stipulation scheduling their experts' annual evaluatino of compliance. There's nothing else in the docket until a joint motion to dismiss the matter in February 2006, which was granted by the Court.

Summary Authors

Dan Dalton (3/19/2007)

People

Documents in the Clearinghouse

3:97-cv-00231

Docket (PACER)

Feb. 13, 2006

Feb. 13, 2006

Docket

3:97-cv-00231

Findings Letter re: CRIPA Investigation of Southern and Central Wisconsin Centers for the Developmentally Disabled

No Court

Sept. 28, 1994

Sept. 28, 1994

Findings Letter/Report
2

3:97-cv-00231

Complaint

April 4, 1997

April 4, 1997

Complaint

3:97-cv-00231

Settlement Agreement

April 4, 1997

April 4, 1997

Settlement Agreement

Docket

Last updated March 26, 2025, 8:25 a.m.

ECF Number Date Description Link
1 April 4, 1997

JS−44 (Entered: 04/07/1997)

PACER
2 April 4, 1997

COMPLAINT (Entered: 04/07/1997)

PACER
3 April 4, 1997

MOTION (JOINT) TO APPROVE THE SETTLEMENT AGREEMENT. (Entered: 04/07/1997)

PACER
April 4, 1997

NORTC (Entered: 04/07/1997)

PACER
4 April 10, 1997

ORDER GRANTING PARTIES' MO TO APPROVE THE SETTLEMENT AGMT (INCLUDES SETTLEMENT AGREEMENT & JUDGMENT). (BC/JWS) cc mld (Entered: 04/10/1997)

PACER
5 April 21, 1997

WAIVER OF SERVICE OF SUMMONS & FILING OF RESPONSIVE PLEADING BY DEFTS. (Entered: 04/22/1997)

PACER
6 Aug. 18, 1997

STIPULATION AND ORDER −SCHEDULE FOR JOINT EXPERTS' BASE−LINE EVAL. OF SO. & CENTRAL WI DEVELOP. CENTERS.(BC)CCMLD(8/15/97) (Entered: 08/18/1997)

PACER
7 Feb. 18, 1998

MOTION TO ENFORCE TERMS OF THE SETTLEMENT AGREEMENT,BY U.S. (Entered: 02/18/1998)

PACER
8 Feb. 18, 1998

BRIEF IN SUPPORT BY U.S. OF MO TO ENFORCE TERMS OF SETTLEMENT AGREEMENT. (Entered: 02/18/1998)

PACER
9 Feb. 18, 1998

AFFIDAVIT OF −DECLARATION OF WILLIAM I. GARDNER, PH.D. (Entered: 02/18/1998)

PACER
10 Feb. 19, 1998

ORDER SETTING BRFG ON PLTF'S MO TO ENFORCE TERMS OF SETTLEMNT AGREEMENT (OBJS BY 2/27/98; REPLY BY 3/6/98). (BC) (Entered: 02/19/1998)

PACER
11 Feb. 20, 1998

NOTICE OF APPEARANCE BY AAGs BARNETT AND PRAY FOR DEFTS. (Entered: 02/20/1998)

PACER
12 Feb. 24, 1998

PLTF'S NOTICE OF NO OPPO. TO DEFTS' REQUEST FOR EXT OF TIME (Entered: 02/24/1998)

PACER
13 Feb. 24, 1998

ORDER ALLOWING BRIEFING SCHEDULE ON PLTF'S MO. TO ENFORCE THE TERMS OF A SETTLEMENT AGREEMENT (BBC) (Entered: 02/24/1998)

PACER
14 March 9, 1998

OBJECTIONS OF DEFTS TO MO. OF U.S. TO ENFORCE CONSENT DECREE (Entered: 03/09/1998)

PACER
15 March 9, 1998

BRIEF IN OPPOSITION TO MOTION OF U.S. TO ENFORCE CONSENT DECREE, BY DEFTS. (Entered: 03/09/1998)

PACER
16 March 9, 1998

AFFIDAVIT OF NEIL GEBHART (Entered: 03/09/1998)

PACER
17 March 9, 1998

AFFIDAVIT OF DANIEL STIER (Entered: 03/09/1998)

PACER
18 March 9, 1998

AFFIDAVIT OF THOMAS ALT (Entered: 03/09/1998)

PACER
19 March 9, 1998

AFFIDAVIT OF JANET DEVORE (Entered: 03/09/1998)

PACER
20 March 9, 1998

AFFIDAVIT OF MARY GREEN (Entered: 03/09/1998)

PACER
21 March 9, 1998

AFFIDAVIT OF SARAH SPELLMEYER (Entered: 03/09/1998)

PACER
22 March 16, 1998

BRIEF IN REPLY BY U.S. IN SUPP OF MO TO ENFORCE CONSENT DECREE. (Entered: 03/17/1998)

PACER
23 March 23, 1998

LETTER RE:MEMORANDUM RELEVANT TO DEFT'S OBJS.TO MO TO ENFORCE CONSENT DECREE, BY DEFT. (Entered: 03/23/1998)

PACER
24 April 13, 1998

ORDER −OPINION & ORDER GRANTING PLTF'S MOTION TO ENFORCE THE TERMS OF THE SETTLEMENT AGREEMENT. (BC) (Entered: 04/14/1998)

PACER
26 Feb. 9, 2006

MOTION (JOINT) TO DISMISS. (Entered: 02/09/2006)

PACER
27 Feb. 9, 2006

BRIEF IN SUPPORT OF PARTIES JOINT MOTION TO DISMISS. (Entered: 02/09/2006)

PACER
28 Feb. 13, 2006

ORDER GRANTING JOINT MOTION TO DISMISS; SETTLEMENT AGREEMENT TERMINATED; CASE DISMISSED WITH PREJUDICE. (Entered: 02/13/2006)

PACER

Case Details

State / Territory:

Wisconsin

Case Type(s):

Intellectual Disability (Facility)

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 4, 1997

Closing Date: Feb. 13, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Southern Wisconsin Center

State

Central Wisconsin Center

Department of Health & Family Services

Facility Type(s):

Government-run

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Other Dockets:

Western District of Wisconsin 3:97-cv-00231

Available Documents:

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 2006

Issues

General/Misc.:

Classification / placement

Reassessment and care planning

Record-keeping

Staff (number, training, qualifications, wages)

Totality of conditions

Disability and Disability Rights:

Developmental disability without intellectual disability

Integrated setting

Intellectual/developmental disability, unspecified

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Restraints (chemical)

Restraints (physical)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general

Recommended Citation