Case: Disability Rights Wisconsin v. Wisconsin Department of Public Instruction

3:05-cv-00295 | U.S. District Court for the Western District of Wisconsin

Filed Date: May 19, 2005

Closed Date: Oct. 30, 2006

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Case Summary

This is a case about whether a Protection and Advocacy agency (P&A) can access names of students from a school during an investigation. On May 19, 2005, Disability Rights Wisconsin (DR Wisconsin), Wisconsin’s P&A, filed this lawsuit in the U.S. District Court for the Western District of Wisconsin. DR Wisconsin filed this lawsuit against the Wisconsin Department of Public Instruction under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), Protection and Advocacy of Human Rights Act (PAIR Act), and Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, DR Wisconsin sought injunctive relief to receive the Department’s records under its investigatory authority under the PAIMI, PAIR, and PAD Acts. DR Wisconsin claimed that the Department must provide them with contact information for legal representatives of students placed in a seclusion room at Abraham Lincoln Elementary School (Lincoln) to obtain their consent for records access. Judge Barbara Brandriff Crabb presided over this matter.

DR Wisconsin began investigating Lincoln following a news report about its seclusion room. DR Wisconsin sought unredacted investigation records about the seclusion room from the Department of Public Instruction. The Department provided the DR Wisconsin with redacted investigations records that did not include identifying information about students placed in the seclusion room or their legal representatives. On August 10, 2005, the court determined that the Department was not required to provide DR Wisconsin with the names of students placed in the seclusion room or their legal representatives. The court reasoned that DR Wisconsin had the responsibility of obtaining these names themselves. However, on September 13, 2006, the U.S. Court of Appeal for the Seventh Circuit overturned this decision. The appellate court determined that the DR Wisconsin could obtain the names of students from the Department or school before obtaining authorization from their legal representatives. The Seventh Circuit remanded the matter back to the U.S. District Court for the Western District of Wisconsin, and the parties settled on October 30, 2006.

Many documents are not available through PACER due to court restrictions.

Summary Authors

NDRN (12/16/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12007012/parties/disability-rights-wisconsin-inc-v-state-of-wisconsin-department-of/

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorney for Plaintiff

Spitzer-Resnick, Jeffrey D. (Wisconsin)

Attorney for Defendant

Bellavia, Thomas Charles (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorney for Plaintiff

Spitzer-Resnick, Jeffrey D. (Wisconsin)

Attorney for Defendant

Bellavia, Thomas Charles (Wisconsin)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

20 3:05-cv-00295	Opinion and Order Disability Rights Wisconsin v. Wisconsin Dept of Public Instruction	Aug. 10, 2005	Aug. 10, 2005 Order/Opinion 407 F.Supp.2d 988
1 05-04171	Opinion Disability Rights Wisconsin v. State of Wisconsin Department of Public Instruction U.S. Court of Appeals for the Seventh Circuit	Sept. 13, 2006	Sept. 13, 2006 Order/Opinion 463 F.3d 719

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12007012/disability-rights-wisconsin-inc-v-state-of-wisconsin-department-of/

Last updated April 10, 2026, 4:54 a.m.

ECF Number	Date	Description	Link
1	May 19, 2005	JS-44 (Entered: 05/19/2005)	RECAP
2	May 19, 2005	COMPLAINT - SUMMONS ISSUED. (Entered: 05/19/2005)	RECAP
3	May 19, 2005	AFFIDAVIT OF JEFFREY SPITZER-RESNICK. (Entered: 05/19/2005)	RECAP
4	May 19, 2005	MOTION FOR PRELIMINARY INJUNCTION BY PLTF. (Entered: 05/19/2005)	RECAP
5	May 19, 2005	BRIEF IN SUPPORT OF PLTF. MOTION FOR P/I. (Entered: 05/19/2005)	RECAP
	May 19, 2005	NORTC - FEE PAID.
6	May 31, 2005	STIPULATION TO MODIFY BRIEFING SCHEDULE ON PLTF. MOTION FOR P/I; REQUESTING P/I HEARING BE RESCHEDULED. (Entered: 05/31/2005)	RECAP
	June 1, 2005	P/I HEARING RESCHEDULED FOR 6/15/05 AT 10:00 AM PER JOINT REQUEST FROM COUNSEL. (BC)
7	June 3, 2005	DISCLOSURE OF CORP. AFFIL. & FINAN. INT. BY PLTF. (Entered: 06/03/2005)	RECAP
8	June 9, 2005	ANSWER (Entered: 06/10/2005)	RECAP
9	June 9, 2005	BRIEF IN OPPOSITION BY DEFTS. TO PLTF. MOTION FOR PRELIMINARY INJUNCTION. (Entered: 06/10/2005)	RECAP
10	June 9, 2005	JOINT STIPULATED FINDINGS OF FACT FOR PLTF. PRELIMINARY INJUNCTION MOTION. (Entered: 06/10/2005)	RECAP
11	June 9, 2005	PROPOSED FINDINGS/CONCL. BY DEFTS. (ADDITIONAL) (Entered: 06/10/2005)	RECAP
12	June 9, 2005	AFFIDAVIT OF JACK MARKER. (Entered: 06/10/2005)	RECAP
13	June 9, 2005	AFFIDAVIT OF PATRICIA WILLIAMS. (Entered: 06/10/2005)	RECAP
14	June 9, 2005	AFFIDAVIT OF LYNN BORESON. (Entered: 06/10/2005)	RECAP
15	June 9, 2005	DISCLOSURE OF CORP. AFFIL. & FINAN. INT. BY DEFTS. (Entered: 06/10/2005)	RECAP
16	June 13, 2005	BRIEF IN REPLY IN SUPPORT OF PLTF. MOTION FOR PRELIMINARY INJUNCTION. (Entered: 06/13/2005)	RECAP
17	June 13, 2005	PROPOSED FINDINGS/CONCL. BY PLTF. (ADDITIONAL) (Entered: 06/13/2005)	RECAP
	June 13, 2005	INJUNCTIVE HEARING RESCHEDULED TO 6/17/2005 AT 9:30 AM.
18	June 17, 2005	CTRM. MIN. ; INJUNCTIVE HEARING; PLTF. MOTION TAKEN UNDER ADVISEMENT. (Entered: 06/17/2005)	RECAP
19	June 23, 2005	ORDER SETTING FURTHER BRIEFING ON PLTF. MOTION FOR P/I; RESPONSES FROM ALL PARTIES DUE 7/8/2005. (Entered: 06/23/2005)	RECAP
	July 6, 2005	RECD. LETTER STATING PLTF. WILL NOT SUBMIT ADDITIONAL BRIEF ON P/I MOTION.
20	Aug. 10, 2005	ORDER DENYING PLTF. MOTION FOR INJUNCTIVE RELIEF. (Entered: 08/10/2005)	RECAP
21	Aug. 12, 2005	JUDGMENT IN FAVOR OF DEFTS. DENYING PLTF. MOTION FOR INJUNCTIVE RELIEF. (TMO/LJ) CC MLD. (Entered: 08/12/2005)	RECAP
22	Sept. 2, 2005	NOTICE OF APPEAL BY PLTFS. FEE PAID, DS FILED, SR SENT CC:PARTIES (05-4171) (Entered: 09/02/2005)	RECAP
23	Sept. 8, 2005	LETTER FROM DEFTS. STATING NO ADDITIONAL BRIEF TO BE FILED PER 6/23/05 ORDER. (RECD. 7/8/05) (Entered: 09/08/2005)	RECAP
24	Sept. 8, 2005	PLTF. SUPPORT RE: P/I (OPINION FROM ATTY. GENERAL OF TEXAS) (RECD. 7/25/05) (Entered: 09/08/2005)	RECAP
25	Sept. 16, 2005	TRANSCRIPT OF INJUNCTIVE HEARING, HELD 6/17/05. (Entered: 09/19/2005)	RECAP
	Sept. 21, 2005	RECORD PREPARED
	March 24, 2006	Certified and Transmitted Record on Appeal to US Court of Appeals re 022 Notice of Appeal
	March 24, 2006	RECORD SENT
26	Oct. 6, 2006	JUDGMENT FROM USCA VACATING DIST CRT JUDGMT AND REMANDING. (05-4171) RECORD RETURNED (Entered: 10/10/2006)	RECAP
	Oct. 6, 2006	Jams Import Utility Entry
	Oct. 11, 2006	PLTF NAME CHANGED FROM WISCONSIN COALITION FOR ADVOCACY, INC TO DISABILITY RIGHTS WISCONSIN, INC PER 7TH CIRCUIT ORDER.
	Oct. 18, 2006	STATUS CONFERENCE SET FOR 11/14/06 AT 1:00 PM.
27	Oct. 30, 2006	MOTION (JOINT) TO DISMISS. (Entered: 10/30/2006)	RECAP
28	Oct. 30, 2006	SETTLEMENT AGREEMENT. (Entered: 10/30/2006)	RECAP
29	Oct. 31, 2006	STIPULATED ORDER OF DISMISSAL. (Entered: 10/31/2006)	RECAP

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Case Details

State / Territory:

Wisconsin

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: May 19, 2005

Closing Date: Oct. 30, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

P&A as plaintiff

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Wisconsin Dept of Public Instruction

Case Details

Causes of Action:

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Other Dockets:

Western District of Wisconsin 3:05-cv-00295

U.S. Court of Appeals for the Seventh Circuit 05-04171

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Records Disclosure

Disability and Disability Rights:

Disability, unspecified

P&A access authority

P&A Associational Standing

Recommended Citation

Case Summary of Disability Rights Wisconsin v. Wisconsin Department of Public Instruction, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18579/ (last updated 12/16/2022).