Case: Brecher v. St. Croix County, Wisconsin

3:02-cv-00450 | U.S. District Court for the Western District of Wisconsin

Filed Date: Aug. 9, 2002

Closed Date: 2003

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Case Summary

On August 9, 2002, two plaintiffs represented by private attorneys from Minnesota and Wisconsin filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Wisconsin. The plaintiffs challenged the policies, practices, and customs concerning the blanket strip and visual body cavity searches at Wisconsin's St. Croix County Jail. Plaintiffs alleged that, pursuant to a policy adopted by the St. Croix County Sheriff's Department on May 5, 1996, all persons entering the jail were strip searched, whether or not reasonable suspicion existed that the searches would produce contraband or weapons. This policy, plaintiffs alleged, violated the Fourth and Fourteenth Amendments. Plaintiffs sought monetary damages and class certification. The Sheriff and County denied all allegations.

On February 13, 2003, the District Court (Judge Barbara Crabb) certified the case as a class action, defining the class as: "All United States citizens arrested for misdemeanors or ordinance offenses unrelated to weapons or illegal drugs who were required by officers of the St. Croix County jail to remove their clothing for visual inspection of their genitals, pubic area, buttocks, or breasts between August 6, 1996, and February 27, 2001." Blihovde v. St. Croix County, Wis., 219 F.R.D. 607 (W.D. Wis. Feb 13, 2003). See Blihovde v. St. Croix County, Wis., 2003 WL 23095561 (W.D. Wis. Mar. 05, 2003) (regarding notice to class members). The Court approved two proposed class notices: one for adult class members and one for minor class members. Blihovde v. St. Croix County, Wis., 2003 WL 23200374 (W.D. Wis. Apr. 25, 2003).

Following notification of some 2,917 potential class members, the parties settled the case and submitted the proposal to the District Court for preliminary approval. Following a fairness hearing, Judge Crabb issued an order of final approval on February 2, 2004. Under the settlement, the Sheriff and County agreed to pay a total of $6.965 Million to resolve all class claims. Of that amount, over $1.3 Million were awarded to class counsel as attorneys' fees and costs. The named plaintiffs each would receive $35,000. The remaining $5.5 Million were divided among the 1,983 identified and responding class members per an agreed distribution scheme, with each getting just under $2800.

After the claims were paid, several individuals who had not received class notices filed letters with the court, which deemed them motions to reopen the case. The Court denied the motions, noting that although the individuals were not able to participate in the settlement, they were still free to file their own lawsuits. Brecher v. St. Croix County, Wis., 2004 WL 1196982 (W.D. Wis. May 26, 2004).

We have no information indicating other post-settlement activity in the case.

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Summary Authors

Dan Dalton (2/5/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11818941/parties/brecher-travis-v-st-croix-county-wisconsin/

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Attorney for Plaintiff

Miller, Barbara K. (Wisconsin)

Moccio, Vincent J. (Minnesota)

Attorney for Defendant

Ford, Michele (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Attorney for Plaintiff

Miller, Barbara K. (Wisconsin)

Moccio, Vincent J. (Minnesota)

Attorney for Defendant

Ford, Michele (Wisconsin)

Pollen, Raymond J. (Wisconsin)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:02-cv-00450	Amended Class Action Complaint	Aug. 12, 2002	Aug. 12, 2002 Complaint
3:02-cv-00450	Opinion and Order Blihovde v. St. Croix County, Wisconsin	Feb. 13, 2003	Feb. 13, 2003 Order/Opinion 219 F.R.D. 607
3:02-cv-00450	Order Blihovde v. St. Croix County, WI	March 5, 2003	March 5, 2003 Order/Opinion 2003 WL 23095561
3:02-cv-00450	Opinion and Order Blihovde v. St. Croix County, Wisconsin	April 25, 2003	April 25, 2003 Order/Opinion 2003 WL 23200374
3:02-cv-00450	Settlement Agreement	May 17, 2004	May 17, 2004 Settlement Agreement
3:02-cv-00450	Order	May 26, 2004	May 26, 2004 Order/Opinion 2004 WL 1196982

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/11818941/brecher-travis-v-st-croix-county-wisconsin/

Last updated Oct. 12, 2025, 11:26 p.m.

ECF Number	Description	Date	Link Date / Link
1	JS-44 (Entered: 08/09/2002)	Aug. 9, 2002	Aug. 9, 2002
2	COMPLAINT (Entered: 08/09/2002)	Aug. 9, 2002	Aug. 9, 2002
	Jams Import Utility Entry	Aug. 9, 2002	Aug. 9, 2002
	NORTC	Aug. 9, 2002	Aug. 9, 2002
3	COMPLAINT (AMENDED) CLASS ACTION (Entered: 08/14/2002)	Aug. 14, 2002	Aug. 14, 2002
4	WAIVER OF SERVICE OF SUMMONS (Entered: 09/06/2002)	Sept. 6, 2002	Sept. 6, 2002
5	DISCLOSURE OF CORP. AFFIL. & FINAN. INT. BY DEFTS. (Entered: 09/06/2002)	Sept. 6, 2002	Sept. 6, 2002
6	ANSWER TO AMENDED COMPLAINT BY ALL DEFTS. EXCEPT VOLTZ. (Entered: 10/01/2002)	Oct. 1, 2002	Oct. 1, 2002
7	ANSWER TO AMENDED COMPLAINT BY DEFT. VOLTZ. (Entered: 10/04/2002)	Oct. 4, 2002	Oct. 4, 2002
8	MOTION BY PLTFS. TO ADD DEFENDANTS, ADD PLAINTIFF AND AMEND COMPLAINT. (Entered: 10/18/2002)	Oct. 18, 2002	Oct. 18, 2002
10	BRIEF IN OPPOSITION BY ALL DEFTS. EXCEPT VOLTZ TO PLTFS. MOTION TO ADD DEFTS., ADD PLTF. AND AMEND COMPLAINT. (Entered: 11/01/2002)	Nov. 1, 2002	Nov. 1, 2002
9	JOINT DISCOVERY PLAN. (Entered: 11/01/2002)	Nov. 1, 2002	Nov. 1, 2002
11	PTC ORDER (SLC) (Entered: 11/08/2002)	Nov. 8, 2002	Nov. 8, 2002
12	BRIEF IN REPLY BY PLTF. IN SUPPORT OF MOT. TO ADD DEFENDANTS, ADD A PLTF. AND AMEND THE COMPLAINT. (Entered: 11/12/2002)	Nov. 11, 2002	Nov. 11, 2002 PACER
13	ORDER GRANTING PLTFS. MOTION TO AMEND COMPLAINT. (Entered: 11/15/2002)	Nov. 15, 2002	Nov. 15, 2002
14	COMPLAINT - 2ND AMENDED; SUMMONS ISSUED. (Entered: 11/15/2002)	Nov. 18, 2002	Nov. 18, 2002
15	MOTION (JOINT) TO STRIKE REQUEST TO CERTIFY CLASS. (Entered: 11/26/2002)	Nov. 25, 2002	Nov. 25, 2002 PACER
16	AFFIDAVIT OF KAREN HUMPHREY. (Entered: 11/26/2002)	Nov. 25, 2002	Nov. 25, 2002 PACER
17	BRIEF IN SUPPORT OF DEFTS. JOINT MOTION TO STRIKE. (Entered: 11/26/2002)	Nov. 25, 2002	Nov. 25, 2002 PACER
18	ANSWER BY DEFT. VOLZ TO AMENDED CLASS ACTION COMPLAINT. (Entered: 12/03/2002)	Dec. 3, 2002	Dec. 3, 2002
19	STIPULATION FOR REVISED BRIEFING SCHEDULE FOR DEFTS. MOTION TO STRIKE REQUEST TO CERTIFY CLASS. (Entered: 12/03/2002)	Dec. 3, 2002	Dec. 3, 2002 PACER
20	MOTION (JOINT) FOR REVISED BRIEFING SCHEDULE. (Entered: 12/03/2002)	Dec. 3, 2002	Dec. 3, 2002 PACER
21	ANSWER TO 2ND AMENDED COMPLAINT BY DEFTS. ST. CROIX COUNTY, HILLSTEAD, HUMPHREY, ANDERSON, LARSON & JOHN/JANE DOES 1-30. (Entered: 12/03/2002)	Dec. 3, 2002	Dec. 3, 2002 PACER
22	ORDER EXTENDING BRIEFING ON DEFTS. MOT/DENY CLASS CERTIFICATION; RESPONSE DUE 12/27/02, REPLY 1/10/03. (SLC) (Entered: 12/05/2002)	Dec. 4, 2002	Dec. 4, 2002
23	MOTION BY PLTF. FOR ORDER DIRECTING ST. CROIX COUNTY TO DISCLOSE INFORMATION AND RECORDS RE: ARRESTS OF MINORS. (Entered: 12/16/2002)	Dec. 12, 2002	Dec. 12, 2002 PACER
24	BRIEF IN OPPOSITION BY PLTF. TO DEFTS. MOTION TO STRIKE REQUEST TO CERTIFY CLASS. (Entered: 12/27/2002)	Dec. 27, 2002	Dec. 27, 2002 PACER
25	AFFIDAVIT OF VINCENT J. MOCCIO. (Entered: 12/27/2002)	Dec. 27, 2002	Dec. 27, 2002 PACER
26	AFFIDAVIT OF DONALD SUKAWATEY. (Entered: 12/27/2002)	Dec. 27, 2002	Dec. 27, 2002
27	AFFIDAVIT OF MICHAEL WANGERT. (Entered: 12/27/2002)	Dec. 27, 2002	Dec. 27, 2002 PACER
28	AFFIDAVIT OF HAROLD LINDGREN. (Entered: 12/27/2002)	Dec. 27, 2002	Dec. 27, 2002 PACER
29	AFFIDAVIT OF TRAVIS BRECHER. (Entered: 12/27/2002)	Dec. 27, 2002	Dec. 27, 2002 PACER
30	AFFIDAVIT OF RENEE HOUSER. (Entered: 12/27/2002)	Dec. 27, 2002	Dec. 27, 2002 PACER
31	AFFIDAVIT OF JOHN COLEMAN. (Entered: 12/27/2002)	Dec. 27, 2002	Dec. 27, 2002 PACER
32	BRIEF IN REPLY IN SUPPORT OF DEFTS. MOTION TO STRIKE REQUEST TO CERTIFY CLASS. (Entered: 01/13/2003)	Jan. 10, 2003	Jan. 10, 2003 PACER
33	AFFIDAVIT OF LISA OPEL. (Entered: 01/13/2003)	Jan. 10, 2003	Jan. 10, 2003 PACER
34	AFFIDAVIT OF MICHELE M. FORD. (Entered: 01/13/2003)	Jan. 10, 2003	Jan. 10, 2003 PACER
35	AFFIDAVIT OF DENNIS D. HILLSTEAD. (Entered: 01/13/2003)	Jan. 10, 2003	Jan. 10, 2003 PACER
36	DEFT. VOLZ RULE 26 DISCLOSURES. (Entered: 01/13/2003)	Jan. 10, 2003	Jan. 10, 2003
37	BRIEF IN REPLY IN SUPPORT OF DEFTS. MOTION TO STRIKE REQUEST TO CERTIFY CLASS. (CORRECTED VERSION) (Entered: 01/13/2003)	Jan. 10, 2003	Jan. 10, 2003 PACER
38	AFFIDAVIT OF MICHELE M. FORD. (CORRECTED VERSION) (Entered: 01/13/2003)	Jan. 10, 2003	Jan. 10, 2003 PACER
39	SUMMONS (Entered: 01/16/2003)	Jan. 16, 2003	Jan. 16, 2003
40	ANSWER (CORRECTED) TO SECOND AMENDED COMPLAINT. (Entered: 01/28/2003)	Jan. 28, 2003	Jan. 28, 2003 PACER
41	ORDER PARTIALLY GRANTING PLTF. MOTION FOR DISCLOSURE OF MINORS ARREST RECORDS. (Entered: 02/11/2003)	Feb. 11, 2003	Feb. 11, 2003
42	ORDER DENYING DEFTS. MOT/DENY CLASS CERT. IN PART; SETTING DEFINITION OF THE CLASS; PLTFS. TO PREPARE NOTICE. (Entered: 02/14/2003)	Feb. 14, 2003	Feb. 14, 2003
43	PLTFS. NOTICE OF CLASS ACTION. (Entered: 02/28/2003)	Feb. 28, 2003	Feb. 28, 2003 PACER
44	ORDER ON MOT. TO MOD. 2/7/03 ORDER RE: RECORDS OF MINOR ARRESTEES; PLTFS. TO DRAFT AND MAIL NOTICES. (SLC) (Entered: 03/05/2003)	March 5, 2003	March 5, 2003
45	PLTFS. NOTICE OF CLASS ACTION TO MINOR ARRESTEES. (Entered: 03/10/2003)	March 10, 2003	March 10, 2003 PACER
46	ORDER ON 4/23/03 TELE. STATUS CONF.; SCHEDULING AMENDED. (SLC) (Entered: 04/24/2003)	April 24, 2003	April 24, 2003
47	ORDER APPROVING CLASS NOTICES AS ATTACHED; TRIAL DATE MOVED TO 10/27/03. (Entered: 04/29/2003)	April 29, 2003	April 29, 2003
48	MOTION TO COMPEL BY PLTFS. (LETTER DATED 5/8/03). (Entered: 05/12/2003)	May 12, 2003	May 12, 2003
49	STIPULATION AND ORDER FOR DISMISSAL OF DEFT. VOLZ. (Entered: 05/30/2003)	May 30, 2003	May 30, 2003
50	ORDER ON TELE. STATUS CONF.; S/J DEADLINE MOVED TO 7/17/03. (SLC) (Entered: 06/17/2003)	June 17, 2003	June 17, 2003
51	MOTION BY PLTFS. TO USE A REVISED NOTICE OF CLASS ACTION W/ BRIEF IN SUPPORT. (Entered: 06/18/2003)	June 18, 2003	June 18, 2003 PACER
52	BRIEF IN OPPOSITION BY DEFTS. TO PLTFS. MOTION FOR AN ORDER ALLOWING TO USE A REVISED NOTICE OF CLASS ACTION. (Entered: 06/26/2003)	June 26, 2003	June 26, 2003 PACER
53	AFFIDAVIT OF MICHELE M. FORD. (Entered: 06/26/2003)	June 26, 2003	June 26, 2003 PACER
54	AFFIDAVIT OF PATRICK A. CALLAHAN. (Entered: 06/26/2003)	June 26, 2003	June 26, 2003 PACER
55	AFFIDAVIT OF PATRICK A. CALLAHAN. (Entered: 06/27/2003)	June 27, 2003	June 27, 2003 PACER
56	AFFIDAVIT OF VINCENT J. MOCCIO. (Entered: 07/01/2003)	July 1, 2003	July 1, 2003 PACER
57	AFFIDAVIT OF BROOKE B. TASSONI. (Entered: 07/01/2003)	July 1, 2003	July 1, 2003 PACER
58	BRIEF IN REPLY IN SUPPORT OF PLTF. MOTION FOR AN ORDER ALLOWING PLTF TO USE A REVISED NOTICE OF CLASS ACTION. (Entered: 07/01/2003)	July 1, 2003	July 1, 2003 PACER
59	ORDER GRANTING PLTFS. MOTION TO USE REVISED NOTICE OF CLASS ACTION. (Entered: 07/01/2003)	July 1, 2003	July 1, 2003
60	MOTION FOR SUMMARY JUDGMENT BY DEFTS. (Entered: 07/18/2003)	July 17, 2003	July 17, 2003 PACER
61	BRIEF IN SUPPORT OF DEFTS. MOTION FOR S/J. (Entered: 07/18/2003)	July 17, 2003	July 17, 2003 PACER
62	PROPOSED FINDINGS/CONCL. BY DEFTS. (Entered: 07/18/2003)	July 17, 2003	July 17, 2003 PACER
63	AFFIDAVIT OF MICHELE FORD. (Entered: 07/18/2003)	July 17, 2003	July 17, 2003 PACER
64	DEPOSITION OF DAVID BLIHOVDE, TAKEN 5/22/03. (Entered: 07/21/2003)	July 21, 2003	July 21, 2003
65	DEPOSITION OF OF TRAVIS BRECHER, TAKEN 5/22/03. (Entered: 07/21/2003)	July 21, 2003	July 21, 2003
66	DEPOSITION OF RENEE MCKAY HOUSER, TAKEN 5/22/03. (Entered: 07/21/2003)	July 21, 2003	July 21, 2003
67	BRIEF IN OPPOSITION BY PLTFS. TO DEFTS. MOTION FOR S/J. (Entered: 07/30/2003)	July 30, 2003	July 30, 2003 PACER
68	RESPONSE TO PROPOSED S/J FINDINGS/CONCL. BY PLTFS. (Entered: 07/30/2003)	July 30, 2003	July 30, 2003 PACER
69	PROPOSED FINDINGS/CONCL. BY PLTFS. (Entered: 07/30/2003)	July 30, 2003	July 30, 2003 PACER
70	AFFIDAVIT OF VINCENT J. MOCCIO. (Entered: 07/30/2003)	July 30, 2003	July 30, 2003 PACER
71	AFFIDAVIT OF BROOKE B. TASSONI. (Entered: 07/31/2003)	July 30, 2003	July 30, 2003 PACER
72	ORDER THAT DECISION ON S/J WILL BE LIMITED TO ISSUE BY DEFTS. RE: R.HOUSER AND D.HOUSER MEETING CLASS DEFINITION. (Entered: 08/22/2003)	Aug. 22, 2003	Aug. 22, 2003
73	MOTION BY DEFTS. FOR PROTECTIVE ORDER RE: TAKING OF DEPOSITIONS. (Entered: 08/27/2003)	Aug. 27, 2003	Aug. 27, 2003 PACER
74	BRIEF IN SUPPORT OF DEFTS. MOTION FOR PROTECTIVE ORDER. (Entered: 08/27/2003)	Aug. 27, 2003	Aug. 27, 2003 PACER
75	AFFIDAVIT OF MICHELE M. FORD IN SUPPORT OF MOT. FOR PROTECTIVE ORDER. (Entered: 08/27/2003)	Aug. 27, 2003	Aug. 27, 2003 PACER
76	MOTION BY DEFTS. FOR MEDIATION AND FOR STAY PENDING COMPLETION OF ARBITRATION. (Entered: 08/27/2003)	Aug. 27, 2003	Aug. 27, 2003 PACER
77	BRIEF IN SUPPORT OF DEFTS. MOTION FOR MEDIATION AND FOR STAY PENDING COMPLETION OF MEDIATION. (Entered: 08/27/2003)	Aug. 27, 2003	Aug. 27, 2003 PACER
78	AFFIDAVIT OF PATRICK A. CALLAHAN IN SUPPORT OF DEFTS. MOTION FOR MEDIATION AND STAY. (Entered: 08/27/2003)	Aug. 27, 2003	Aug. 27, 2003 PACER
	TELE. STATUS CONF. SET FOR 8/28/03, 9:30 AM, PLTFS. TO INITIATE. (BBC)	Aug. 27, 2003	Aug. 27, 2003
79	STIPULATION AND ORDER W/DRAWING MOTS. FOR S/J; PLTF. BLIHOVDE SEVERED FROM CASE AND NEW ACTION TO BE FILED. (03-C-513-C) (Entered: 08/29/2003)	Aug. 29, 2003	Aug. 29, 2003
80	ORDER ON 8/28/03 STATUS CONF.; DEFTS. MOTS. FOR STAY AND FOR PROTECTIVE ORDER GRANTED; TRIAL SCHEDULE MODIFIED. (Entered: 09/02/2003)	Sept. 2, 2003	Sept. 2, 2003
81	PLTFS. LETTER REQUEST FOR CLARIFICATION OF ORDER. (Entered: 09/03/2003)	Sept. 2, 2003	Sept. 2, 2003 PACER
82	TRANSCRIPT OF TELEPHONE STATUS CONFERENCE, HELD 8/28/03. (Entered: 09/29/2003)	Sept. 29, 2003	Sept. 29, 2003
83	ORDER RESPONDING TO PLTFS. CLARIFICATION REQUEST; ISSUE OF FURTHER DEPOS. STAYED PENDING SETTLEMENT OR 11/15/03. (Entered: 10/01/2003)	Oct. 1, 2003	Oct. 1, 2003
84	MOTION (JOINT) FOR PRELIMINARY APPROVAL OF SETTLEMENT BETWEEN DEFTS. AND PLTF. CLASS. (Entered: 12/04/2003)	Dec. 4, 2003	Dec. 4, 2003 PACER
85	ORDER GRANTING JOINT MOT. FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT; SCHEDULE SET FOR COMMENTS AND FINAL HRG. (Entered: 12/15/2003)	Dec. 15, 2003	Dec. 15, 2003
86	ORDER ON 12/19/03 TEL. CONFERENCE RE: ADDITIONS TO CLASS. (Entered: 12/23/2003)	Dec. 23, 2003	Dec. 23, 2003
87	MOTION (JOINT) FOR FINAL APPROVAL OF SETTLEMENT BETWEEN DEFTS. AND PLTF. CLASS. (Entered: 02/18/2004)	Feb. 18, 2004	Feb. 18, 2004 PACER
88	AFFIDAVIT OF VINCENT J. MOCCIO, ESQ. (Entered: 02/18/2004)	Feb. 18, 2004	Feb. 18, 2004 PACER
89	REVISED EXHIBIT A - AMENDED SETTLEMENT AGREEMENT. (Entered: 02/26/2004)	Feb. 25, 2004	Feb. 25, 2004 PACER
90	CTRM. MIN. FINAL HEARING ON CLASS ACTION SETTLEMENT; ORDER SIGNED; CASE TO BE CLOSED. 20 (Entered: 02/27/2004)	Feb. 27, 2004	Feb. 27, 2004
91	ORDER APPROVING CLASS ACTION SETTLEMENT. CC MLD (Entered: 02/27/2004)	Feb. 27, 2004	Feb. 27, 2004
92	JOINT CORRECTED MOTION OF PARTIES FOR FINAL APPROVAL OF SETTLEMENT BETWEEN DEFTS AND PLTF. CLASS. (Entered: 02/27/2004)	Feb. 27, 2004	Feb. 27, 2004 PACER
93	ORDER AMENDING 2/27/04 ORDER DELETING NUMBER 7 IN FIRST LINE OF PARAGRAPH 9 AND SUBSTITUTING NUMBER 74. (Entered: 03/02/2004)	March 2, 2004	March 2, 2004
94	AFFIDAVIT OF VINCENT J. MOCCIO RE: ACCOUNTING. (Entered: 05/11/2004)	May 11, 2004	May 11, 2004 PACER
95	MOTION (LETTER) BY ERIC MCCANE TO REOPEN CASE TO FILE LATE CLAIM. (Entered: 05/27/2004)	May 27, 2004	May 27, 2004
96	MOTION (LETTER) BY RICHARD LEE SURRELL TO REOPEN CASE TO FILE LATE CLAIM. (Entered: 05/27/2004)	May 27, 2004	May 27, 2004
97	ORDER DENYING MCCANE AND SURRELL MOT/REOPEN CASE; DENYING WYNN MILLER REQ. FOR NEW DETERMINATION OF SEARCHES. (Entered: 05/27/2004)	May 27, 2004	May 27, 2004

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Case Details

State / Territory:

Wisconsin

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Aug. 9, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons arrested for misdemeanors or ordinance offenses unrelated to weapons or illegal drugs and strip searched at the St. Croix County Jail between August 6, 1996, and February 27, 2001.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

St. Croix County (St. Croix), County

St. Croix County Sheriff's Department (St. Croix County Jail, St. Croix), County

Facility Type(s):

Government-run

Case Details