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Case Name Hall v. County of Milwaukee JC-WI-0009
Docket / Court 2:17-cv-00379-DEJ ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Jail Conditions
Attorney Organization Loevy & Loevy
Case Summary
On March 14, 2017, a female prisoner who was forced to receive prenatal care, give birth, and undergo post-partum treatment while shackled, filed a putative class-action complaint in the U.S. District Court for the Eastern District of Wisconsin. The plaintiff sued the County of Milwaukee under 42 U ... read more >
On March 14, 2017, a female prisoner who was forced to receive prenatal care, give birth, and undergo post-partum treatment while shackled, filed a putative class-action complaint in the U.S. District Court for the Eastern District of Wisconsin. The plaintiff sued the County of Milwaukee under 42 U.S.C. § 1983 and state law. The plaintiff, represented by private counsel, sought compensatory damages and attorneys’ fees. The plaintiff alleged that in being shackled in accordance with the Milwaukee County Jail’s (MCJ) policy, her Fourteenth Amendment right to due process had been violated.

The case was originally assigned to Magistrate Judge David E. Jones. Due to non-consent to jurisdiction on the part of the plaintiff, however, the case was reassigned to Judge Lynn Adelman. On April 11, 2017, the plaintiff filed an amended complaint that contained minor rewordings of the factual allegations without significantly altering the claims for relief.

On October 17, 2017, the plaintiff filed a motion to certify class. The proposed class definition included “All persons who, while incarcerated by Milwaukee County Jail, were hospitalized for labor, delivery, or to receive post-partum treatment at any time from February 1, 2010-present.” This definition differed from the one originally proposed in the complaint in that it did not include “prenatal” care.

As of May 2018, this case was ongoing. The last word available from the docket is an order directing the parties to submit a proposed discovery schedule within 14 days of the Judge Adelman’s ruling on the class certification motion. The motion to certify class is pending.

Jake Parker - 05/24/2018


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Due Process
Defendant-type
Corrections
General
Conditions of confinement
Restraints : physical
Medical/Mental Health
Medical care, general
Reproductive health care (including birth control, abortion, and others)
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) County of Milwaukee
Plaintiff Description All persons who, while incarcerated by Milwaukee County Jail, were hospitalized for labor, delivery, or to receive post-partum treatment at any time from February 1, 2010-present.
Indexed Lawyer Organizations Loevy & Loevy
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2017
Case Ongoing Yes
Docket(s)
2:17-cv-379 (E.D. Wis.)
JC-WI-0009-9000.pdf | Detail
Date: 05/23/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
JC-WI-0009-0001.pdf | Detail
Date: 03/14/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 11]
JC-WI-0009-0002.pdf | Detail
Date: 04/11/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Adelman, Lynn S. (E.D. Wis.)
JC-WI-0009-9000
Plaintiff's Lawyers Davis, Aisha N. (Illinois)
JC-WI-0009-9000
Heppell, Sam (Illinois)
JC-WI-0009-9000
Kanovitz, Michael I. (Illinois)
JC-WI-0009-0001 | JC-WI-0009-0002 | JC-WI-0009-9000
Kleinhaus, Theresa (Illinois)
JC-WI-0009-0001 | JC-WI-0009-0002 | JC-WI-0009-9000
Loevy, Arthur R. (Illinois)
JC-WI-0009-0001 | JC-WI-0009-0002 | JC-WI-0009-9000
Rauscher, Scott (Illinois)
JC-WI-0009-0001 | JC-WI-0009-0002 | JC-WI-0009-9000
Defendant's Lawyers Bohl, Charles H. (Wisconsin)
JC-WI-0009-9000
Jones, Andrew A. (Wisconsin)
JC-WI-0009-9000
Posnanski, Timothy H. (Wisconsin)
JC-WI-0009-9000

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