J., J. et al v. Litscher, Jon et al

Filing 70

ORDER regarding agreed-upon provisions of the preliminary injunction. Signed by District Judge James D. Peterson on 7/10/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

J.J., by and through his next friend Sakeena Jackson; K.D., by
and through her next friends John Levy and Meranda Davis;
C.M., by and through his next friend Toinette Ducksworth;
R.N., by and through his next friend Gloria Norwood; M.S.,
by and through his next friend Jolene Waupekanay; A.V., by
and through his next friend Veronica Rocha-Montejano; M.R.,
by and through his next friend Autumn Rodgers; S.K., by and
through her next friend Thomas Korn; and A.P., by and
through her next friend Louise Plaskey,

ORDER
17-cv-47-jdp

Plaintiffs,
v.
JON E. LITSCHER, JOHN D. PAQUIN,
WENDY A. PETERSON, and BRIAN GUSTKE,
Defendants.
The court has reviewed and evaluated the parties’ submission regarding the form of
the preliminary injunction, including their alternative proposals on points of disagreement.
Dkt. 69. In general, the agreed-upon provisions will drastically reduce the use of punitive
restrictive housing, chemical agents, and mechanical restraints. The court has afforded
defendants some time to implement some changes that require additional training or
programming for youths. But most of the critical changes must be implemented no later than
July 21, 2017.
Plaintiffs also propose additional provisions requiring systematic changes to how staff
are trained and youth behavior is managed. Id. at 18-21. Changes like these may be
advisable. But the preliminary injunction is intended only to eliminate constitutional
violations, not to mandate a set of “best practices.” Plaintiffs also ask the court to order
additional reporting on the use of restrictive housing, chemical agents, and mechanical

restraints. This information should be available to plaintiffs through discovery requests, but
the court will not order it at this point.
Entered July 10, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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