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Case Name Nelson v. Milwaukee County PB-WI-0001
Docket / Court 2:04-cv-00193 ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
Case Summary
On January 28, 2004, residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County filed a lawsuit under the Americans with Disabilities Act and the Rehabilitation Act against Milwaukee County in the Milwaukee County Circuit Court. ... read more >
On January 28, 2004, residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County filed a lawsuit under the Americans with Disabilities Act and the Rehabilitation Act against Milwaukee County in the Milwaukee County Circuit Court. Defendants removed to the United States District Court for the Eastern District of Wisconsin on February 25, 2004. Plaintiffs, represented by public interest counsel, asked the Court for declaratory and injunctive relief, claiming that Milwaukee County pays Plaintiffs' facilities less than other counties pay for comparable services and less than Milwaukee County pays for services for persons not enrolled in Family Care.

On February 7, 2006, the Court (Lynn Adelman) granted in part and denied in part Defendants' motions to dismiss. Specifically, Defendants' motions with respect to claims seeking damages for past conduct were granted.

The Court granted Plaintiffs' motion for class certification on October 13, 2006. Bzdawka v. Milwaukee County, 238 FRD 469 (E.D. Wis. 2006). The class consisted of disabled Milwaukee County residents who are now or will in the future be eligible to reside in a Family Care facility.

On March 27, 2007, the Court (Magistrate Judge Patricia J. Gorence) issued a stay pending possible settlement negotiations.

The Court issued an order preliminarily approving the proposed settlement agreement on August 21, 2007.

The Court executed the Settlement Agreement on October 19, 2007. Among other things, the agreement required Defendants to modify and improve staff training, review, needs assessments, and collaboration.

The case has been closed.

Haley Waller - 05/19/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Milwaukee County
Plaintiff Description Residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2004
Case Ongoing No
Docket(s)
2:04-cv-00193-LA (E.D. Wis.) 10/19/2007
PB-WI-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
NOTICE OF REMOVAL PURSUANT TO TITLE 28 U.S.C. § 1441 & COMPLAINT 01/28/2003
PB-WI-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, AN EXPEDITED SCHEDULING CONFERENCE AND FOR PERMISSION TO FILE FIRST AMENDED COMPLAINT 04/09/2004
PB-WI-0001-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT MILWAUKEE COUNTY’S BRIEF IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION 04/13/2004
PB-WI-0001-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
THIRD AMENDED COMPLAINT 08/19/2004
PB-WI-0001-0025.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MILWAUKEE COUNTY’S ANSWER TO THIRD AMENDED COMPLAINT 09/10/2004
PB-WI-0001-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
STATE DEFENDANTS’ BRIEF IN SUPPORT OF MOTIONS TO DISMISS FOURTH AMENDED COMPLAINT 06/15/2005
PB-WI-0001-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BRIEF IN SUPPORT OF MILWAUKEE COUNTY’S MOTION FOR JUDGMENT ON THE PLEADINGS 06/15/2005
PB-WI-0001-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS' BRIEF IN OPPOSITION TO STATE DEFENDANTS' MOTION TO DISMISS AND IN OPPOSITION TO MILWAUKEE COUNTY'S MOTION FOR JUDGMENT ON THE PLEADINGS 07/22/2005
PB-WI-0001-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
STATE DEFENDANTS’ REPLY BRIEF IN SUPPORT OF MOTIONS TO DISMISS FOURTH AMENDED COMPLAINT 08/05/2005
PB-WI-0001-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
REPLY BRIEF IN SUPPORT OF MILWAUKEE COUNTY’S MOTION FOR JUDGMENT ON THE PLEADINGS 08/05/2005
PB-WI-0001-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS' SUPPLEMENTAL BRIEF IN OPPOSITION TO STATE DEFENDANTS' MOTION TO DISMISS AND IN OPPOSITION TO MILWAUKEE COUNTY'S MOTION FOR JUDGMENT ON THE PLEADINGS 09/09/2005
PB-WI-0001-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DECISION AND ORDER 02/07/2006 (2006 WL 290510) (E.D. Wis.)
PB-WI-0001-0002.pdf | WESTLAW | Detail
Document Source: Westlaw
STATE DEFENDANTS’ BRIEF IN SUPPORT OF MOTION FOR CERTIFICATION OF INTERLOCUTORY ORDER PURSUANT TO 28 U.S.C. § 1292(B) 02/23/2006
PB-WI-0001-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BRIEF IN SUPPORT OF PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION 03/01/2006
PB-WI-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS' BRIEF IN OPPOSITION TO MOTION FOR CERTIFICATION OF INTERLOCUTORY ORDER AND MOTION FOR STAY PENDING APPEAL 03/16/2006
PB-WI-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
STATE DEFENDANTS’ REPLY BRIEF IN SUPPORT OF MOTION FOR CERTIFICATION OF INTERLOCUTORY ORDER PURSUANT TO 28 U.S.C. § 1292(B) 03/30/2006
PB-WI-0001-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
STATE DEFENDANTS’ RESPONSE BRIEF OPPOSING RENEWED MOTION FOR CLASS CERTIFICATION 05/26/2006
PB-WI-0001-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DECISION AND ORDER 10/13/2006 (238 F.R.D. 469) (E.D. Wis.)
PB-WI-0001-0022.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER 03/27/2007 (E.D. Wis.)
PB-WI-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JOINT MOTION FOR PRELIMINARY AND FINAL APPROVAL OF THE SETTLEMENT AGREEMENT 08/14/2007
PB-WI-0001-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER PRELIMINARILY APPROVING THE PROPOSED SETTLEMENT AGREEMENT 08/21/2007 (E.D. Wis.)
PB-WI-0001-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ MEMORANDUM IN SUPPORT OF JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT 09/26/2007
PB-WI-0001-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
STATE DEFENDANTS' PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE PROPOSED SETTLEMENT AGREEMENT 09/26/2007
PB-WI-0001-0020.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OF MILWAUKEE COUNTY IN SUPPORT OF PROPOSED SETTLEMENT AGREEMENT 09/26/2007
PB-WI-0001-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
SETTLEMENT AGREEMENT 10/19/2007
PB-WI-0001-0023.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Adelman, Lynn S. (E.D. Wis.)
PB-WI-0001-0002 | PB-WI-0001-0017 | PB-WI-0001-0022 | PB-WI-0001-0023 | PB-WI-0001-9000
Gorence, Patricia J. (E.D. Wis.) [Magistrate]
PB-WI-0001-0006 | PB-WI-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Perkins, Martha Jane (North Carolina)
PB-WI-0001-0004 | PB-WI-0001-0005 | PB-WI-0001-0016 | PB-WI-0001-0019 | PB-WI-0001-0023 | PB-WI-0001-9000
Pledl, Robert Theine (Wisconsin)
PB-WI-0001-0001 | PB-WI-0001-0004 | PB-WI-0001-0008 | PB-WI-0001-0013 | PB-WI-0001-0016 | PB-WI-0001-0018 | PB-WI-0001-0019 | PB-WI-0001-0023 | PB-WI-0001-0025 | PB-WI-0001-9000
Somers, Sarah (North Carolina)
PB-WI-0001-0004 | PB-WI-0001-0005 | PB-WI-0001-0016 | PB-WI-0001-0019 | PB-WI-0001-0023 | PB-WI-0001-9000
Defendant's Lawyers Burke, Mary E. (Wisconsin)
PB-WI-0001-0003 | PB-WI-0001-0005 | PB-WI-0001-0007 | PB-WI-0001-0010 | PB-WI-0001-0011 | PB-WI-0001-0014 | PB-WI-0001-0016 | PB-WI-0001-0020 | PB-WI-0001-0023 | PB-WI-0001-9000
Dudley, David (Wisconsin)
PB-WI-0001-0020 | PB-WI-0001-0023 | PB-WI-0001-9000
Flanagan, Maureen McGlynn (Wisconsin)
PB-WI-0001-0003 | PB-WI-0001-0007 | PB-WI-0001-0010 | PB-WI-0001-0011 | PB-WI-0001-0014 | PB-WI-0001-0016 | PB-WI-0001-0020 | PB-WI-0001-0023 | PB-WI-0001-9000
Jorgensen, John (Wisconsin)
PB-WI-0001-0009 | PB-WI-0001-0012 | PB-WI-0001-0015 | PB-WI-0001-0016 | PB-WI-0001-0021 | PB-WI-0001-0023 | PB-WI-0001-0024 | PB-WI-0001-9000
Lautenschlager, Peggy A. (Wisconsin)
PB-WI-0001-0003 | PB-WI-0001-0007 | PB-WI-0001-0010 | PB-WI-0001-0011 | PB-WI-0001-0014 | PB-WI-0001-9000
Other Lawyers None on record

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