KEUP v. DHFS

No. 02-0456.

269 Wis.2d 59 (2004)

2004 WI 16

675 N.W.2d 755

Althea M. KEUP, Plaintiff-Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF HEALTH & FAMILY SERVICES, Respondent-Respondent, Helene NELSON, in her official capacity as Secretary of the Department of Health and Family Services, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided March 4, 2004.


Attorney(s) appearing for the Case

For the plaintiff-petitioner-appellant there were briefs by Carol J. Wessels and Senior LAW Legal Action of Wisconsin, Inc., Milwaukee, and oral argument by Carol J. Wessels.

For the respondent-respondent and the defendant-respondent the cause was argued by Bruce A. Olsen, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

An amicus curiae brief was filed by Mitchell Hagopian, Madison, on behalf of Wisconsin Coalition for Advocacy, Legal Aid Society of Milwaukee, Elder Law Center of the Coalition of Wisconsin Aging Groups, Employment Resources, Inc., and ABC for Health.


¶ 1. N. PATRICK CROOKS, J.

This case is before us on certification from the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (1999-2000).1 Althea M. Keup (Keup) appeals from an order of the circuit court, which denied Keup's motion for summary judgment, and granted the Department of Health & Family Services' (DHFS) motion for summary judgment. Keup filed a request for a fair...

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