23-CV-986 Bhandari et al. v. Outagamie County et al.
Decision and Order Denying-In-Part and Granting-In-Part Defendants’ Motion for Summary Judgment
Xee Yang suffered fatal injuries when she fell or jumped from a moving minivan onto the highway as she was being transported to the Winnebago Mental Health Institute by two Outagamie County Sheriff Deputies. Her husband and her estate brought this action against the two deputies who were transporting her and Outagamie County, asserting six claims: (1) a Fourteenth Amendment due process claim against the deputies under 42 U.S.C. § 1983; (2) a similar claim against the County under Monell v. Department of Social Services, 436 U.S. 658 (1978); (3) a claim against the County under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112(b)(5)(A); (4) a claim against Outagamie County under the Rehabilitation Act, 29 U.S.C. § 701 et seq.; (5) a state law wrongful death claim against the deputies under Wis. Stat. § 345.05(2); and (6) a state law claim against the County for indemnification of the deputies for their personal liability under Wis. Stat. § 845.46. The defendants filed a motion for summary judgment. The court denied the motion as to the Fourteenth Amendment claim against the deputies as well as the state law claims, but granted the motion as to the other federal claims.