Case: Wisconsin Coalition for Advocacy v. Czaplewski

2:00-cv-01363 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Oct. 23, 2000

Closed Date: June 27, 2001

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy (P&A) agency’s records access authority. On October 23, 2000, Wisconsin Coalition for Advocacy, Wisconsin’s P&A filed this lawsuit in the U.S. District Court for the Eastern District of Wisconsin. The P&A sued the director of a residential healthcare facility under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, the…

This is a case about a protection and advocacy (P&A) agency’s records access authority. On October 23, 2000, Wisconsin Coalition for Advocacy, Wisconsin’s P&A filed this lawsuit in the U.S. District Court for the Eastern District of Wisconsin. The P&A sued the director of a residential healthcare facility under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, the P&A alleged that when they denied access to records concerning former resident deaths. Judge William E. Callahan Jr. presided over this matter. 

This dispute arose after Wisconsin Coalition for Advocacy established probable cause that resident deaths at two facilities operated by defendants may have been caused by abuse and neglect. After making records requests under the DD Act and PAIMI Act, defendants refused to provide the information requested. In January 16 2001, the court granted the P&A’s Motion for Preliminary Injunction requiring the facility provide the P&A with the records they requested. The court reasoned that the records requested fell within their records access authority under both statutes, and that they retained this authority for private facilities. In June 27 2001, the case was dismissed without prejudice. 

Summary Authors

NDRN (3/23/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11238212/parties/wisconsin-coalition-v-bilder/

Attorney for Plaintiff

Bachhuber, Michael J (Wisconsin)

Attorney for Defendant

Lowndes, Daniel M (Wisconsin)

Molony, Maureen A (Wisconsin)

Vogt, Heidi L (Wisconsin)

Documents in the Clearinghouse
23

2:00-cv-01363

Decision and Order Granting in part Plaintiff's Motion for Preliminary Injunction and Denying Defendants’ Motion to Dismiss

Wisconsin Coalition for Advocacy, Inc. v. Czaplewski

Jan. 16, 2001

Jan. 16, 2001

Order/Opinion

131 F.Supp.2d 1039

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11238212/wisconsin-coalition-v-bilder/

Last updated April 10, 2026, 4:47 a.m.

ECF Number Date Description Link
1 Oct. 23, 2000

COMPLAINT (Summons(es) issued) Consent Forms Distributed for Magistrate Judge William E. Callahan (eeb, )

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2 Oct. 23, 2000

CERTIFICATE of INTEREST by plaintiff Wisconsin Coalition (eeb, )

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3 Oct. 31, 2000

FIRST AMENDED COMPLAINT Re: [1-1] by plaintiff Wisconsin Coalition (eeb, )

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4 Nov. 7, 2000

MOTION by plaintiff Wisconsin Coalition for preliminary injunction (eeb, )

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5 Nov. 7, 2000

BRIEF by plaintiff Wisconsin Coalition in support of motion for preliminary injunction [4-1] (eeb, )

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6 Nov. 7, 2000

DECLARATION of Kristin Kerschensteiner by plaintiff Wisconsin Coalition in support of its motion for preliminary injunction. (eeb, )

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7 Nov. 7, 2000

DECLARATION of Vickie Sali by plaintiff Wisconsin Coalition in support of its motion for preliminary injunction. (eeb, )

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8 Nov. 7, 2000

DECLARATION of Thomas Hlavacek by plaintiff Wisconsin Coalition in support of its motion for preliminary injunction. (eeb, )

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9 Nov. 13, 2000

RETURN OF SERVICE executed as to defendant GCI - Wisconsin Prop served on 11/3/00 (eeb, ) (Entered: 11/14/2000)

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10 Nov. 13, 2000

RETURN OF SERVICE executed as to defendant Ams Properties Inc served on 11/3/00 (eeb, ) (Entered: 11/14/2000)

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11 Nov. 13, 2000

RETURN OF SERVICE executed as to defendant Ams Green Tree Inc served on 11/3/00 (eeb, ) (Entered: 11/14/2000)

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12 Nov. 15, 2000

CONSENT to Proceed before Magistrate Judge by plaintiff Wisconsin Coalition (eeb, )

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13 Nov. 22, 2000

MOTION by defendants to dismiss plaintiffs complaint (eeb, ) (Entered: 11/24/2000)

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14 Nov. 22, 2000

BRIEF by defendants in opposition to motion for preliminary injunction [4-1] (eeb, ) (Entered: 11/24/2000)

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15 Nov. 22, 2000

CERTIFICATE OF INTEREST by defendants (eeb, ) (Entered: 11/24/2000)

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16 Nov. 22, 2000

AFFIDAVIT of Maureen A. Molony (eeb, ) (Entered: 11/24/2000)

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17 Nov. 22, 2000

CERTIFICATE OF SERVICE by defendants (eeb, ) (Entered: 11/24/2000)

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18 Dec. 1, 2000

CONSENT to Proceed before Magistrate Judge by defendants (eeb, )

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19 Dec. 12, 2000

... REPLY BRIEF by plaintiff Wisconsin Coalition in support of motion for preliminary injunction [4-1] (tlf, )

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20 Dec. 12, 2000

CERTIFICATE OF SERVICE by plaintiff Wisconsin Coalition (tlf, )

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21 Dec. 28, 2000

REPLY BRIEF by defendants in support of motion to dismiss plaintiffs complaint [13-1] (tlf, ) (Entered: 12/29/2000)

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22 Jan. 16, 2001

HEARING MINUTES: by Mag Judge William E. Callahan Jr, hearing held 1/9/01 on plaintiff's motion for preliminary injunction, defendant's motion to dismiss; Court Reporter: Sharon Beyer (tlf, ) (Entered: 01/18/2001)

RECAP
23 Jan. 16, 2001

DECISION AND ORDER: by Mag Judge William E. Callahan Jr denying defendant's motion to dismiss plaintiffs complaint [13-1], granting in part and denying in part plaintiff's motion for preliminary injunction [4-1] ; scheduling conference set for 9:00 2/5/01 in Courtroom 253 (cc: all counsel) (tlf, ) (Entered: 01/18/2001)

Clearinghouse
24 Jan. 30, 2001

ANSWER by defendants Ams Properties Inc, Ams Green Tree Inc, Kay Czaplewski, Mariner Post-Acute, CGI WI Prop Inc, Dani Bilder to Amended Complaint [3-1] (tlf, ) (Entered: 01/31/2001)

RECAP
25 Feb. 5, 2001

HEARING MINUTES: by Mag Judge William E. Callahan Jr: parties to file any amended pleadings within 30 days ; no experts to be called ; discovery ddl set for 6/1/01 ; motion filing ddl set for 6/15/01 ; status hearing set for 9:00 6/22/01 (tlf, ) (Entered: 02/06/2001)

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26 Feb. 5, 2001

ORDER by Mag Judge William E. Callahan Jr: SEE 2/5/01 Hearing Minutes (cc: all counsel) (tlf, ) (Entered: 02/06/2001)

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27 June 15, 2001

MOTION by defendants Ams Properties Inc, Ams Green Tree Inc, Mariner Post-Acute, CGI WI Prop Inc, Dani Bilder to dismiss and to vacate preliminary injunction (sealed, )

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28 June 15, 2001

BRIEF by defendants in support of motion to dismiss [27-1], of motion to vacate preliminary injunction [27-2] (sealed, )

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29 June 15, 2001

AFFIDAVIT of Maureen Molony (sealed, )

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30 June 15, 2001

CERTIFICATE OF SERVICE by defendants (sealed, )

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31 June 15, 2001

NOTICE of CANCELLATION of hearing by the Court ; scheduling conference set for 9:00 6/22/01 removed from the court calendar pending resolution of defendants' motion to dismiss (cc: all counsel) (sealed, )

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32 June 18, 2001

MOTION by plaintiff Wisconsin Coalition for final judgment (tlf, ) (Entered: 06/19/2001)

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33 June 20, 2001

LETTER from counsel to court re: plaintiff's motion to dismiss dated 06/15/01; Defendants agree case should be dismissed, but request the Court consider all the relief requested in defendants motion to dismiss & vacate preliminary injunction. (kah, ) Modified on 06/20/2001

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34 June 27, 2001

DECISION AND ORDER: by Mag Judge William E. Callahan vacating motion to vacate preliminary injunction [27-2]; IT IS FURTHER ORDERED that this action be & hereby is DISMISSED WITHOUT PREJUDICE (cc: all counsel) (kah, ) Modified on 06/28/2001 (Entered: 06/28/2001)

RECAP
35 June 27, 2001

JUDGMENT: by Deputy Clerk for defendants against plaintiff dismissing case without prejudice ; IT IS HEREBY ORDERED & ADJUDGED that the preliminary injunction previously entered by this court on 01/16/01, be & hereby is vacated (cc: all counsel) (kah, ) Modified on 06/28/2001 (Entered: 06/28/2001)

RECAP

Case Details

State / Territory:

Wisconsin

Case Type(s):

Disability Rights

Key Dates

Filing Date: Oct. 23, 2000

Closing Date: June 27, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protection & Advocacy Organization

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

Non-profit or advocacy

Shores Health and Rehabilitation Center

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

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

Other Dockets:

Eastern District of Wisconsin 2:00-cv-01363

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Required disclosure

Issues

General/Misc.:

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation