University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Brian v. Clinicare Corp. JI-WI-0001
Docket / Court 79-C-188 ( W.D. Wis. )
State/Territory Wisconsin
Case Type(s) Juvenile Institution
Attorney Organization Legal Services/Legal Aid
Case Summary
On May 1, 1979, a class action lawsuit was filed in the United States District Court for the Western District of Wisconsin, on behalf of all juveniles who had or may be placed at Eau Claire Academy, against the Academy, its parent company, Clinicare Corporation, and the company's directors, ... read more >
On May 1, 1979, a class action lawsuit was filed in the United States District Court for the Western District of Wisconsin, on behalf of all juveniles who had or may be placed at Eau Claire Academy, against the Academy, its parent company, Clinicare Corporation, and the company's directors, officers, psychiatric and medical staff. The plaintiffs, represented by the Youth Policy and Law Center, Inc., sought certification of the class. The defendants filed a motion to dismiss for failure to state a claim upon which relief can be granted.

Prior to ruling on either motion, the parties entered a consent decree in the United States District Court for the Western District of Wisconsin (Judge Barbara B. Crabb) on September 8, 1980. Although the defendants denied any wrongdoing, they agreed to adopt and enforce new policies governing the treatment of juveniles at Eau Claire Academy. Specifically, the defendants agreed to write disciplinary policies that focused on changing attitudes and teaching socially appropriate behavior instead of punishment. The consent decree specifically prohibited physical and verbal abuse, withholding meals, mail and family visits as discipline, allowing children to punish one another, and other inappropriate discipline. Clinicare agreed to limit its use of isolation to situations where it would be therapeutic. If isolation was used, the child would be placed in a safe space and would interact with a staff member at least every fifteen minutes. Finally, Clinicare agreed to discontinue the practice of using psychotropic drugs to control behavior, except in emergency situations.

The court (Judge Crabb) dismissed the individual defendants, but retained enforcement authority over the consent decree. We do not have the pleadings and motions and are not aware of further proceedings in this case.

Kristen Sagar - 11/27/2007


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Issues and Causes of Action
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Issues
General
Disciplinary procedures
Disciplinary segregation
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action None on record
Defendant(s) Clinicare Corporation
Eau Claire Academy
Plaintiff Description all juveniles who had or may be placed at Eau Claire Academy
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 1980 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
No docket sheet currently in the collection
General Documents
Consent Decree 09/09/1980 (W.D. Wis.)
JI-WI-0001-0001.pdf | Detail
Judges Crabb, Barbara Brandriff (W.D. Wis.) [Magistrate]
JI-WI-0001-0001
Monitors/Masters None on record
Plaintiff's Lawyers Franz, John (Wisconsin)
JI-WI-0001-0001
Harlowe, Harold L. (Wisconsin)
JI-WI-0001-0001
Defendant's Lawyers Butt, Edward T. Jr. (Illinois)
JI-WI-0001-0001
Jaskolski, Ronald J. (Wisconsin)
JI-WI-0001-0001
Thomas, John E. (Ohio)
JI-WI-0001-0001
Other Lawyers None on record

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