WISCONSIN WELFARE RIGHTS ORG'N v. NEWGENT

No. 75-C-102.

433 F.Supp. 204 (1977)

WISCONSIN WELFARE RIGHTS ORGANIZATION, on behalf of its members and all other persons similarly situated, Plaintiffs, v. Frank NEWGENT, Individually and as Administrator of the Division of Family Services of the Wisconsin Department of Health and Social Services, Wilbur J. Schmidt, Individually and as Secretary of the Wisconsin Department of Health and Social Services, George Handy, M. D., Individually and as State Health Officer of the Division of Health of the Wisconsin Department of Health and Social Services, Arthur Silverman, Individually and as Director of the Milwaukee County Department of Public Welfare, and their agents, employees, successors in office, assistants and all others acting in concert or cooperation with them or at their direction or under their control, Defendants.

United States District Court, E. D. Wisconsin.

June 8, 1977.


Attorney(s) appearing for the Case

Lawrence G. Albrecht and Cynthia G. Schneider, Milwaukee Legal Services, Inc., Milwaukee, Wis., for plaintiffs.

A. Frank Putz, Asst. Corp. Counsel, Milwaukee, Wis., for City.

Ward L. Johnson, Asst. Atty. Gen., Madison, Wis., for State.


MEMORANDUM AND ORDER

I. INTRODUCTION

WARREN, District Judge.

The plaintiff in this action seeks declaratory and injunctive relief for alleged failures on the part of the defendants to comply with Early and Periodic Screening, Diagnosis and Treatment Program (EPSDT) pursuant to the requirements of the Social Security Act, 42 U.S.C. § 1396d(a)(4)(B) and the United States Department of Health, Education and Welfare (HEW) regulations and program...

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