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MATTER OF PROTECTIVE PLACEMENT OF J.S.

No. 87-1526.

144 Wis.2d 670 (1988)

425 N.W.2d 15

IN the MATTER OF the PROTECTIVE PLACEMENT OF J.S., a person over the age of 18 and adjudicated incompetent: J.S., by the Guardians of his person and property, J. and V.S., Plaintiff-Respondent, v. The State of Wisconsin: The DEPARTMENT OF HEALTH, Linda Reivitz, in her official capacity as Secretary of the Department of Health & Social Services, Defendants-Respondents, BROWN COUNTY, The Brown County Board of Supervisors, Donald Holloway, the Brown County Executive in his official capacity, The Brown County Unified Board, William C. Daumueller, Program Director of the Unified Board in his official capacity, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 10, 1988.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Kenneth J. Bukowski, corporation counsel, and John C. Jacques, assistant corporation counsel.

For the plaintiff-respondent the cause was submitted on the brief of Roy Froemming and The Wisconsin Coalition for Advocacy, of Madison, and Peter McKeever and Legal Services of N.E. Wisconsin, of Green Bay.

For the defendants-respondents the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Robert D. Repasky, assistant attorney general.

Before Gartzke, P.J., Dykman, and Eich, JJ.

EICH, J.

Brown County and several of its agencies and officials appeal from an order awarding the guardians of J.S., a developmentally disabled adult, attorney fees and costs incurred in their suit to place J.S. in a community-based residential facility in Brown County. The issue is whether J.S. was (a) a patient of Brown County who (b) prevailed in an action (c) to enjoin the county's unlawful violation of his rights within...

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