Jankowski v. Milwaukee County

312 N.W.2d 45, 104 Wis. 2d 431, 1981 Wisc. LEXIS 3038
CourtWisconsin Supreme Court
DecidedNovember 3, 1981
Docket79-1896
StatusPublished
Cited by19 cases

This text of 312 N.W.2d 45 (Jankowski v. Milwaukee County) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jankowski v. Milwaukee County, 312 N.W.2d 45, 104 Wis. 2d 431, 1981 Wisc. LEXIS 3038 (Wis. 1981).

Opinions

WILLIAM G. CALLOW, J.

This is a review of a decision of the court of appeals which affirmed an order granting summary judgment entered by the circuit court for Milwaukee county, Judge Laurence C. Gram, Jr., in favor of the defendant Milwaukee county.

The named plaintiff,, Michael J. Jankowski, brought this declaratory judgment action on behalf of himself and all other persons who were involuntarily detained and committed in Milwaukee county, pursuant to Chapter 51, Stats. 1973, between January 1, 1975, and September 1, 1976. The plaintiffs seek a declaration that no money is due and owing the county for the costs incurred during these commitments in Milwaukee county institutions.

In a related case, Judge John E. McCormick of the Milwaukee County Circuit Court, in his memorandum decision of August 18, 1976, Case No. 441-417, in State ex rel. Memmel v. Mundy, declared that all of the commitments were invalid due to violations of plaintiffs’ Fourteenth Amendment rights to due process of law and Sixth Amendment rights to effective assistance of counsel and right to trial by jury. The circuit court ordered that the plaintiffs be released or that new proceedings be instituted where appropriate. The court further ordered all records of the commitments be expunged. We note that the merit of the decision in State ex rel. Memmel v. Mundy was not appealed and that the parties to this action do not dispute the fact that plaintiffs’ commitments were invalid. We, therefore, have no occasion to address [433]*433the propriety of plaintiffs’ commitments. We do, however, note that the trial judge, with some justification, used vigorous language in his evaluation of the issue of due process.

Sometime after the circuit court declared the commitment procedures unconstitutional and released the plaintiffs, Milwaukee county commenced collection efforts against the class members, seeking recovery of the costs of care and services at the Mental Health Center pursuant to sec. 46.10, Stats.1 Milwaukee county sought payment from the named plaintiff, Michael J. Jankowski, in the amount of $6,314.95. Mr. Jankowski refused payment and commenced this declaratory judgment action. The circuit court, although acknowledging that plaintiffs may have some cause of action against those persons responsible for or participating in the proceedings resulting in their commitments, determined that Milwaukee county was not a party to those proceedings. The circuit court concluded that Milwaukee county merely provided care for plaintiffs pursuant to a court order and, therefore, was entitled to be paid. Accordingly, the circuit court granted the county’s motion for summary judgment. The court of appeals affirmed the judgment of the trial court in a per curiam opinion, holding that Milwaukee county was not an active participant in the illegal detentions and [434]*434commitments, and hence it should not bear the costs of care. That court further found that sec. 46.10 needed no interpretation in imposing liability upon any person committed to a county mental institution.2 We conclude the court of appeals failed to place proper emphasis upon the denial of due process involved in this case, and we reverse the judgment.

We find no precedent dealing with this question in Wisconsin or elsewhere. We are called upon to determine whether an individual illegally and involuntarily committed may be held responsible for the costs of care pursuant to sec. 46.10, Stats. We have recently addressed the issue of the constitutionality of sec. 46.10 and found no difficulty upholding the statute. In Matter of Guardianship of Nelson, 98 Wis. 2d 261, 296 N.W.2d 736 (1980); In Matter of Guardianship of Klisurich, 98 Wis. 2d 274, 296 N.W.2d 742 (1980). Plaintiff does not challenge the facial constitutionality of sec. 46.10; he merely challenges its application to all persons illegally detained and committed in Milwaukee county between the time periods of January 1, 1975, and September 1, 1976.

In arguing his case before this court and the court of appeals, plaintiff has advanced three principal bases upon which he contends relief can and should be grant[435]*435ed: (1) Sec. 46.10, State., should not be construed to assess costs of care and services against individuals illegally committed; (2) any imposition of liability would result in a further denial of due process; and (3) such an assessment of costs against an illegally committed individual is violative of public policy and inequitable. Because we find, utilizing sound principles of statutory construction, that sec. 46.10 applies only to due process commitments, we need not address the additional issues as to whether other constitutional or equitable principles prohibit statutory liability.

We note at the outset that sec. 46.10, Stats.,, provides the exclusive remedy for liability and imposition of costs of care provided by a state institution.3 Thus, any unjust enrichment argument advanced by the county or accepted by the lower courts4 regarding a “benefit” — if, in fact, there was one5 in terms of the treatment received by the illegally committed individuals is not a ground for recovery.

Sec. 46.10, Stats., provides that any person committed or admitted to a state institution shall be liable for the [436]*436cost of care, maintenance, services, and supplies according to his ability to pay. Milwaukee county advances a facially simplistic reading of the statute: any person committed, regardless of the validity of the commitment, is liable for the costs of care. The county notes that this court has previously found that sec. 46.10 “is valid, unambiguous, and no confusion or inequity arises from its operation.” State Department of Public Welfare v. Sem, 8 Wis. 2d 46, 49, 98 N.W.2d 428 (1959) (holding that liability imposed upon a parent pursuant to sec. 46.10 could not be eliminated by a divorce decree). Milwaukee county notes that where a statute is unambiguous, interpretation is unnecessary. Harris v. Kelley, 70 Wis. 2d 242, 249, 234 N.W.2d 628 (1975); Weather-Tite Co. v. Lepper, 25 Wis. 2d 70, 74, 130 N.W.2d 198 (1964).

Plaintiff urges that sec. 46.10, Stats., can be read in one of two ways. Either the statute clearly and unambiguously excludes persons whose commitments are later declared judicially invalid because those persons are not committed in the eyes of the law; or, if it does require interpretation using basic canons of statutory construction, it should be construed to exclude persons whose commitments were declared invalid.

Plaintiff argues that, due to fundamentally flawed fact-finding procedures, there was never any due process finding that the individuals were in need of treatment or commitment. We agree and conclude that, because the proceedings were not adequate to sustain a finding that the individuals were in need of care and treatment, regardless of the fact that they may have been in need of such care and treatment, there was no valid commitment order. Thus the plaintiffs cannot be considered “committed” for any purpose, and they do not fall under the literal reading of sec. 46.10, Stats.

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Jankowski v. Milwaukee County
312 N.W.2d 45 (Wisconsin Supreme Court, 1981)

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Bluebook (online)
312 N.W.2d 45, 104 Wis. 2d 431, 1981 Wisc. LEXIS 3038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jankowski-v-milwaukee-county-wis-1981.