132 F. Supp. 3d 1111
W.D. Wis.2015Background
- Bendel, an elopement-risk resident with vascular dementia, died after wandering from Lakeview Health Center amid alleged lapses in supervision.
- Lakeview Health Center is operated by La Crosse County and the Mississippi Valley Health Services Commission, a Medicaid-certified facility receiving federal funding.
- Fiers, Bendel’s sister and estate administrator, asserts §1983 claims for civil rights violations and state-law negligence and punitive-damages claims.
- Defendants move to dismiss under Rule 12(b)(6) and move for judgment on the pleadings; they also move to strike materials outside the pleadings.
- Judge Peterson grants the §1983 dismissal, declines supplemental jurisdiction over Counts II–IV, and dismisses the entire complaint; strike motion is denied as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FNHRA creates enforceable rights under §1983. | FNHRA rights are enforceable (resident protections). | FNHRA does not unambiguously create rights for residents. | No; FNHRA does not confer federal rights. |
| Whether FNHRA rights, if any, are sufficiently definite to support a §1983 claim. | Rights are clear and actionable. | Rights are vague and amorphous. | No; rights are vague and not justiciable. |
| Whether Fiers can proceed with state-law claims if §1983 claim is dismissed. | State-law claims should proceed under supplemental jurisdiction. | Courts should decline supplemental jurisdiction after §1983 dismissal. | Counts II–IV dismissed without prejudice. |
| Whether the court should strike materials submitted outside the pleadings. | Motion denied as moot. |
Key Cases Cited
- City of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (Supreme Court 2005) (establishes framework for recognizing private rights under federal statutes)
- Gonzaga University v. Doe, 536 U.S. 273 (Supreme Court 2002) (unambiguous rights required to support §1983 claim; strong Gonzaga standard)
- Blessing v. Freestone, 520 U.S. 329 (Supreme Court 1997) (Blessing factors for creating rights under §1983)
- Planned Parenthood of Ind., Inc. v. Commissioner of Indiana State Dept. of Health, 699 F.3d 962 (7th Cir. 2012) (high bar for rights; focuses on beneficiary rights; unambiguous language required)
- Bontrager v. Indiana Family & Social Services Administration, 697 F.3d 604 (7th Cir. 2012) (Medicaid provisions sometimes confer private rights when language unambiguously benefits individuals)
- Grammer v. John J. Kane Regional Centers-Glen Hazel, 570 F.3d 520 (3d Cir. 2009) (FNHRA rights not sufficiently definite; not a private right under Gonzaga/Blessing)