United States Seventh Circuit

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Wisconsin Cmty. Servs., Inc. v. City of Milwaukee, 04-1966

Partial summary judgment directing city to allow a provider of treatment for mentally ill patients to move its clinic to an area of Milwaukee is reversed and remanded where the district court failed to apply a "but for" causation standard in determining whether the new facility was necessary to accommodate the plaintiff's clients. On remand, the parties should develop the question of whether plaintiff has been prevented, because of its clients' disabilities, from locating a satisfactory new facility.

Appellate Information

  • Argued 01/18/2006
  • Decided 09/26/2006
  • Published 09/26/2006

Judges

  • RIPPLE, Circuit Judge., Before FLAUM, Chief Judge, and BAUER, POSNER, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, WOOD, EVANS and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • J. Damian Ortiz, John Marshall Law School Fair Housing Legal Support Center, Chicago, IL, for Amicus Curiae, John Marshall Law School Fair Housing Legal Support Center., Gregory B. Friel, Dept. of Justice, Civil Rights Div., Washington, DC, for Amicus Curiae, U.S.

  • For Appellees:
  • Robert Theine Pledl (argued), Milwaukee, WI, for Plaintiffs-Appellees., Jan A. Smokowicz (argued), Milwaukee City Attorney's Office, Milwaukee, WI, for Defendant-Appellant.