Filed Date: May 1, 1979
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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.
Summary Authors
Kristen Sagar (11/27/2007)
Crabb, Barbara Brandriff (Wisconsin)
Franz, John (Wisconsin)
Harlowe, Harold L. (Wisconsin)
Butt, Edward T. Jr. (Illinois)
Jaskolski, Ronald J. (Wisconsin)
Crabb, Barbara Brandriff (Wisconsin)
Last updated Jan. 31, 2024, 3:04 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Wisconsin
Case Type(s):
Key Dates
Filing Date: May 1, 1979
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
all juveniles who had or may be placed at Eau Claire Academy
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Clinicare Corporation, Private Entity/Person
Eau Claire Academy, Private Entity/Person
Case Details
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1980 - None
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions:
Medical/Mental Health:
Type of Facility: