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THIELMAN v. LEEAN

No. 02-0888.

260 Wis.2d 253 (2003)

2003 WI App 33

659 N.W.2d 73

Richard THIELMAN, Plaintiff-Respondent, v. Joseph LEEAN, Laura Flood, Byran Bartow, James Doyle, State of Wisconsin and Wisconsin Resource Center, Defendants, WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 23, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Joely Urdan, assistant attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Mary E. Kennelly of Fox & Fox, S.C. of Madison.

Before Dykman, Roggensack and Lundsten, JJ.

¶ 1. ROGGENSACK, J.

The Department of Health and Family Services (DHFS) appeals the circuit court's order enjoining DHFS from transporting Richard Thielman and similarly committed WIS. STAT. ch. 980 patients to and from treatment facilities such as Wisconsin Resource Center (WRC) in full restraints without first making individualized determinations that restraints are needed during transport. The circuit court determined...

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