Community Grievance Decision Digest

LEGAL SYSTEM, COURTS & PETITIONS FOR REVIEW - ACCESS TO

The decision summaries regarding this law may be found in the document:
Community Grievance Decision Digest: Decisions. (PDF, 512KB)

THE LAW:

"Except in the case of a person who is committed for alcoholism..." each patient shall... "have the right to petition the court for review of the commitment order or for withdrawal of the order or release from commitment as provided in s. 51.20(16)."

ss. 51.61(1)(d), Wis. Stats. [Emphasis added.]

"(a) Any patient whose rights are protected under this section who suffers damage as a result of the unlawful denial or violation of any of these rights may bring an action against the person, including the state or any political subdivision thereof, which unlawfully denies or violates the right in question. The individual may recover any damages as may be proved, together with exemplary damages of not less than $100 for each violation and such costs and reasonable actual attorney fees as may be incurred.

(b) Any patient whose rights are protected under this section, may bring an action against any person, including the state or any political subdivision thereof, which willfully, knowingly and unlawfully denies or violates any of his or her rights protected under this section. The patient may recover such damages as may be proved together with exemplary damages of not less than $500 nor more than $1,000 for each violation, together with costs and reasonable actual attorney fees. It is not a prerequisite to an action under this paragraph that the plaintiff suffer or be threatened with actual damages.

(c) Any patient whose rights are protected under this section may bring an action to enjoin the violation of his or her rights under this section and may in the same action seek damages as provided in this section. The individual may also recover costs and reasonable actual attorney fees if he or she prevails.

(d) Use of the grievance procedure established under sub. (5) is not a prerequisite to bringing an action under this subsection."

ss. 51.61(7), Wis. Stats. [Emphasis added.]

Last Updated: June 18, 2009