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


Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorneys(s) for Plaintiff

Bowman, Robert C. (District of Columbia)

Cameli, Mark A. (Wisconsin)

Frohboese, Robinsue (District of Columbia)

Lautenschlager, Peggy A. (Wisconsin)

Patrick, Deval L. (District of Columbia)

Pinzler, Isabelle Katz (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Schneider, Thomas P. (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorneys(s) for Plaintiff

Bowman, Robert C. (District of Columbia)

Cameli, Mark A. (Wisconsin)

Frohboese, Robinsue (District of Columbia)

Lautenschlager, Peggy A. (Wisconsin)

Patrick, Deval L. (District of Columbia)

Pinzler, Isabelle Katz (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Schneider, Thomas P. (Wisconsin)

Attorneys(s) for Defendant

Pray, Eillen W. (Wisconsin)

Victor, Richard A. (Indiana)

Documents in the Clearinghouse

Document

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 Aug. 31, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link

NORTC (Entered: 04/07/1997)

April 4, 1997

April 4, 1997

1

JS−44 (Entered: 04/07/1997)

April 4, 1997

April 4, 1997

2

COMPLAINT (Entered: 04/07/1997)

April 4, 1997

April 4, 1997

3

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

April 4, 1997

April 4, 1997

4

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

April 10, 1997

April 10, 1997

5

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

April 21, 1997

April 21, 1997

6

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)

Aug. 18, 1997

Aug. 18, 1997

7

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

Feb. 18, 1998

Feb. 18, 1998

8

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

Feb. 18, 1998

Feb. 18, 1998

9

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

Feb. 18, 1998

Feb. 18, 1998

10

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)

Feb. 19, 1998

Feb. 19, 1998

11

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

Feb. 20, 1998

Feb. 20, 1998

12

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

Feb. 24, 1998

Feb. 24, 1998

13

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

Feb. 24, 1998

Feb. 24, 1998

14

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

March 9, 1998

March 9, 1998

15

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

March 9, 1998

March 9, 1998

16

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

March 9, 1998

March 9, 1998

17

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

March 9, 1998

March 9, 1998

18

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

March 9, 1998

March 9, 1998

19

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

March 9, 1998

March 9, 1998

20

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

March 9, 1998

March 9, 1998

21

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

March 9, 1998

March 9, 1998

22

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

March 16, 1998

March 16, 1998

23

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

March 23, 1998

March 23, 1998

24

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

April 13, 1998

April 13, 1998

26

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

Feb. 9, 2006

Feb. 9, 2006

27

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

Feb. 9, 2006

Feb. 9, 2006

28

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

Feb. 13, 2006

Feb. 13, 2006

Case Details

State / Territory: Wisconsin

Case Type(s):

Intellectual Disability (Facility)

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

Central Wisconsin Center (Madison), State

Southern Wisconsin Center (Union Grove), City

Department of Health & Family Services, State

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: 1997 - 2006

Issues

General:

Classification / placement

Habilitation (training/treatment)

Reassessment and care planning

Record-keeping

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Totality of conditions

Disability:

Integrated setting

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run