Filed Date: June 1, 1993
Case Ongoing
Clearinghouse coding complete
On June 1, 1993, Children's Rights, the ACLU, and private co-counsel filed this class-action lawsuit in the United States District Court for the Eastern District of Wisconsin against the Wisconsin Department of Health and Social Services and the Milwaukee County Department of Human Services. The complaint alleged abuse and neglect of children in the Milwaukee child-welfare system, inadequate investigations into abuse and neglect, lack of services, improper foster care placement, and high caseworker caseloads. The plaintiffs alleged violations of state law and federal law, including the Adoption Assistance Act, 42 U.S.C. §§ 620-28, 670-79(a); Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5101-5106(a); Americans with Disabilities Act, 42 U.S.C. §§ 12121-12150; and Rehabilitation Act of 1973, 29 U.S.C. § 794.
In early 1995, the court granted the state defendants' motion to dismiss claims as to the state defendants brought under 42 U.S.C. § 671(a)(15) of the Adoption Assistance Act and under the Rehabilitation Act and Americans with Disabilities Act. Additionally, the Court certified the class of plaintiffs as children who are in foster care in Milwaukee County, and children about whom the county Department of Human Services received reports of abuse or neglect. Jeanine B. v. Thompson, 877 F. Supp. 1268 (E.D. Wisc. 1995).
The case then proceeded towards a trial bifurcated into a liability stage and a remedy stage. However, during preparations for trial in 1995, the Wisconsin state Legislature passed a provision that required the state Department of Health and Social Services to propose a plan for state takeover of the Milwaukee County child welfare system by 1998. In light of the legislative action, the Court denied the state defendant's motion for partial summary judgment on constitutional issues, adjourned the trial date, and required the parties to determine whether the law provided interim relief and how relief affected the liability and remedial aspects of the case.
After both plaintiffs and defendants provided a series of briefings to the Court, the plaintiffs moved for preliminary injunction in February 1997. The plaintiffs claimed that the pending state takeover would only exacerbate problems in Milwaukee County's child welfare system. In response, the Court denied plaintiff's motion for a preliminary injunction under CAPTA. Jeanine B. v. Thompson, 967 F. Supp. 1104 (E.D. Wisc. 1997).
In 1998, the Court dismissed as moot the plaintiffs' claims against the county and proceeded with discovery for trial. After extensive discovery, the plaintiffs filed a supplemental complaint in 1999 and a second supplemental complaint in 2000. Trial was set for 2003. In September 2002, however, the parties reached a settlement agreement that provided for phased improvements to the Bureau of Milwaukee Child Welfare, which included decreased caseworker caseloads, elimination of shelter placements, and special diagnostic/assessment centers for children.
The parties modified the settlement agreement in 2003 and again in 2012, although the main substance of the agreement remained the same. The agreement is to remain in force until the defendants are in full compliance with its terms and the Court terminates jurisdiction. Attorneys' fees have been awarded to the plaintiffs in the amount of $950,000. As of the date of this summary, monitoring continues.
Summary Authors
Elizabeth Homan (11/25/2012)
Dan Whitman (11/29/2015)
Eva Richardson (7/10/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4623199/parties/b-v-governor-wi/
Bloodhart, Ann K (Minnesota)
Dorsky, Daniel S. (New York)
Anderson, Peter C. (Wisconsin)
Barnett, Paul L (Wisconsin)
Burke, Mary E. (Wisconsin)
See docket on RECAP: https://www.courtlistener.com/docket/4623199/b-v-governor-wi/
Last updated Nov. 27, 2025, 3:48 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Multi-LexSum (in sample)
Key Dates
Filing Date: June 1, 1993
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Children in foster care in Milwaukee County, and children about whom the county Department of Human Services received reports of abuse or neglect
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Milwaukee County Department of Human Services (Milwaukee), County
Wisconsin Department of Health and Social Services, State
Defendant Type(s):
Case Details
Causes of Action:
Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.
Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Child Abuse Prevention and Treatment Act, 42 U.S.C. §§ 5101 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Other Dockets:
Eastern District of Wisconsin 2:93-cv-00547
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: $950,000
Issues
General/Misc.:
Access to public accommodations - governmental
Foster care (benefits, training)
Siblings (visitation, placement)
Staff (number, training, qualifications, wages)
Benefits (Source):
Adoption Assistance and Child Welfare Act
Disability and Disability Rights:
Jails, Prisons, Detention Centers, and Other Institutions: