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Civil Rights Litigation Clearinghouse
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Case Name Flynn v. Doyle PC-WI-0012
Docket / Court 2:06-cv-00537-RTR ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Attorney Organization ACLU National (all projects)
ACLU National Prison Project
Case Summary
On May 1, 2006, attorneys for the National Prison Project of the ACLU Foundation and the American Civil Liberties Union of Wisconsin Foundation Inc. filed a civil rights class action in the United States District Court Eastern District of Wisconsin pursuant to 42 U.S.C. § 1983 on behalf of female ... read more >
On May 1, 2006, attorneys for the National Prison Project of the ACLU Foundation and the American Civil Liberties Union of Wisconsin Foundation Inc. filed a civil rights class action in the United States District Court Eastern District of Wisconsin pursuant to 42 U.S.C. § 1983 on behalf of female inmates incarcerated at Taycheedah Correctional Institution (TCI) in Fond du Lac, Wisconsin. Plaintiffs alleged that their conditions of confinement violated their rights under the Eighth and Fourteenth Amendments to the United States Constitution; Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132; and Section 504 of the Rehabilitation Act, 29 U.S .C. § 794. Specifically, plaintiffs alleged insufficient medical, mental health, and dental care; disparity in mental health treatment between male and female prisoners; and disability discrimination. They sought declaratory and injunctive relief and moved for immediate class certification.

Defendants denied the allegations, moved for summary judgment and requested that all discovery be stayed. The District Court (Chief Judge Rudolph T Randa) granted plaintiffs' motion to certify the case as a class action, with the class defined as: (1) the TCI Class consisting of all prisoners who are now or in the future will be confined at TCI; and (2) the ADA Subclass consisting of all individuals with disabilities who are now or in the future will be confined at TCI. The defendants' motion for summary judgment was denied and as was the request to stay discovery. Flynn v. Doyle, 2007 WL 805788, 2007 U.S. Dist. LEXIS 22659 (E.D.Wis. Mar. 14, 2007). The Court then entered a scheduling order which governed discovery and various case deadlines.

On January 23, 2009, the plaintiffs filed a motion for a preliminary injunction, which Judge Randa granted on April 24, 2009. Judge Randa ordered the defendants to make sure that all controlled medications at Taycheedah Correctional Institution (TCI) be distributed by trained medical personnel with credentials equal to or greater than those of Licensed Practical Nurses (LPNs) as defined by Wis. Stat. § 441.10. The defendants shall ensure that LPNs distributing medications are trained in institution-specific and department-specific medication administration and documentation practices and protocols.

On November 24, 2009, Judge Randa granted the defendants' motion for partial summary judgment with respect to only the claims related to dental care, but denied the motion for partial summary judgment in all other respects.

On August 23, 2010, the parties reached a settlement agreement, which Judge Randa approved on December 2, 2010. With regard to medical care, the agreement required TCI to attain accreditation by the National Commission on Correctional Health Care and to retain a jointly appointed paid consultant for a set period of time to make sure TCI continued to meet the medical care standards set in the agreement. The defendants were also required to hire a full-time physician board-certified in a primary care to serve as Associate Medical Director who would provide patient care and administration of clinical care at TCI for the duration of the agreement. The settlement also outlined the procedure to be followed if the consultant indicated that there was noncompliance with the agreement. With regard to mental health care, the agreement required Wisconsin Women's Resource Center to complete construction of and initiate services at planned annexes at TCI to provide space for out-of-cell therapeutic activities and group and individual therapy for prisoners with serious mental illnesses. With regard to access for prisoners with disabilities, the agreement required the defendants to provide interpreters and readers for prisoners with hearing and/or vision impairments, other accommodations for hearing impaired prisoners, and maintain paths, walkways, and thoroughfares between buildings to ensure access to core programs and services for prisoners with mobility disabilities. In addition, the defendants must permit prisoners with mobility disabilities to eat in the dining hall at the same time as their non-disabled peers and adhere to DAI Policy & Procedures for disciplining prisoners with hearing disabilities. The agreement allowed the plaintiffs to seek reasonable attorneys' fees for the work done through the date of the final approval of the agreement and for work done to facilitate and monitor the implementation of the agreement.

On December 14, 2010, Judge Randa ordered defendants to pay $950,000 in attorneys' fees.

Kristen Sagar - 04/06/2009
Jessica Kincaid - 11/22/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Preliminary relief granted
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Rehabilitation
Medical/Mental Health
Dental care
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Wisconsin Department of Corrections
Plaintiff Description 1) The TCI Class, defined as “all prisoners who are now or in the future will be confined at TCI;” and 2) The ADA Subclass, defined as “all individuals with disabilities who are now or in the future will be confined at TCI.”
Indexed Lawyer Organizations ACLU National (all projects)
ACLU National Prison Project
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
None yet
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2010 - n/a
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:07-cv-00376-RTR (E.D. Wis.) 01/05/2012
PC-WI-0012-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
2:06-cv-00537-RTR (E.D. Wis.) 06/08/2012
PC-WI-0012-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Declaratory and Injunctive Relief 05/01/2006
PC-WI-0012-0001.pdf | Detail
Decision and Order 03/14/2007 (2007 WL 805788 / 2007 U.S.Dist.LEXIS 22659) (E.D. Wis.)
PC-WI-0012-0010.pdf | WESTLAW| LEXIS | Detail
Plaintiff's Brief in Support of Motion for Preliminary Injunction 01/23/2009
PC-WI-0012-0002.pdf | External Link | Detail
Document Source: ACLU National Prison Project
Decision And Order (Granting Preliminary Relief) 04/24/2009 (630 F.Supp.2d 987) (E.D. Wis.)
PC-WI-0012-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Decision and Order 11/24/2009 (E.D. Wis.)
PC-WI-0012-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 08/23/2010
PC-WI-0012-0006.pdf | Detail
Document Source: Plaintiffs' counsel
Order Granting Final Approval of Class Action Settlement 12/02/2010 (E.D. Wis.)
PC-WI-0012-0007.pdf | Detail
Document Source: Plaintiffs' counsel
Joint Motion to Incorporate Settlement Terms 05/23/2011
PC-WI-0012-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion to Incorporate Settlement Terms 06/06/2012
PC-WI-0012-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Randa, Rudolph Thomas (E.D. Wis.)
PC-WI-0012-0003 | PC-WI-0012-0005 | PC-WI-0012-0007 | PC-WI-0012-0010 | PC-WI-0012-9000 | PC-WI-0012-9001
Monitors/Masters None on record
Plaintiff's Lawyers Alexander, Elizabeth R. (District of Columbia)
PC-WI-0012-0002 | PC-WI-0012-9000
Bhat, Ghouri (Texas)
PC-WI-0012-0001 | PC-WI-0012-0010 | PC-WI-0012-9000
Dupuis, Laurence J. (Wisconsin)
PC-WI-0012-0001 | PC-WI-0012-0002 | PC-WI-0012-0006 | PC-WI-0012-0008 | PC-WI-0012-0009 | PC-WI-0012-0010 | PC-WI-0012-9000
Eber, Gabriel B. (District of Columbia)
PC-WI-0012-0002 | PC-WI-0012-0006 | PC-WI-0012-0008 | PC-WI-0012-0009 | PC-WI-0012-9000
Fathi, David Cyrus (District of Columbia)
PC-WI-0012-0001 | PC-WI-0012-0006 | PC-WI-0012-0010 | PC-WI-0012-9000
Gende, James J III (Wisconsin)
PC-WI-0012-9001
Graham, Robert L (Illinois)
PC-WI-0012-0002 | PC-WI-0012-0006 | PC-WI-0012-0008 | PC-WI-0012-9000
Holleb Hotaling, Keri L (Illinois)
PC-WI-0012-0002 | PC-WI-0012-0006 | PC-WI-0012-9000 | PC-WI-0012-9000
Reinhart, Stephanie L. (Illinois)
PC-WI-0012-9000
Selvey, Jason A (Illinois)
PC-WI-0012-9000
Strong, Michael R (Illinois)
PC-WI-0012-0002 | PC-WI-0012-9000
Defendant's Lawyers Anderson, Kathryn R. (Wisconsin)
PC-WI-0012-0009
Bauer, Michael R (Wisconsin)
PC-WI-0012-9000
Burkert Brist, Monica A. (Wisconsin)
PC-WI-0012-9001
Finkelmeyer, Corey F. (Wisconsin)
PC-WI-0012-0010 | PC-WI-0012-9000
Keckhaver, Karla Z. (Wisconsin)
PC-WI-0012-0008 | PC-WI-0012-0009 | PC-WI-0012-9000
Schmelzer, Jody J. (Wisconsin)
PC-WI-0012-9001
Sullivan, Francis X. (Wisconsin)
PC-WI-0012-0010 | PC-WI-0012-9000 | PC-WI-0012-9001
Other Lawyers None on record

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