Mulrey v. Wisconsin Office of Lawyer Regulation

CourtDistrict Court, E.D. Wisconsin
DecidedJune 3, 2025
Docket2:21-cv-00603
StatusUnknown

This text of Mulrey v. Wisconsin Office of Lawyer Regulation (Mulrey v. Wisconsin Office of Lawyer Regulation) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mulrey v. Wisconsin Office of Lawyer Regulation, (E.D. Wis. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

MADALEINE MULREY,

Plaintiff,

v. Case No. 21-CV-603

WISCONSIN OFFICE OF LAWYER REGULATION and JAMES EVENSON,

Defendants.

DECISION AND ORDER ON DEFENDANTS’ MOTION TO DISMISS AMENDED COMPLAINT

Madaleine Mulrey sues the Wisconsin Office of Lawyer Regulation (“OLR”) and OLR referee James Evenson for allegedly violating her rights under Title II of the Americans with Disabilities Act of 1990 (“ADA”) and under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Mulrey seeks monetary relief for the alleged violations. (Am. Compl. at 24, Docket # 36-2.) The defendants move to dismiss Mulrey’s amended complaint on the grounds that the ADA claim is barred by sovereign immunity and that Mulrey has not sought leave to amend her complaint to add a new cause of action under the Rehabilitation Act. (Docket # 38.) Alternatively, Defendants argue that Mulrey’s Rehabilitation Act claim fails to state a claim upon which relief may be granted. (Id.) For the reasons further explained below, Mulrey’s amended complaint is dismissed with prejudice for failure to state a claim upon which relief may be granted. BACKGROUND Mulrey is an attorney licensed to practice in the State of Wisconsin. (Compl. ¶ 4.) She alleges disability under the ADA due to post-traumatic stress disorder (“PTSD”). (Id. ¶ 5.) Mulrey alleges that from 2017-2018, she shared a house with fellow attorney Anthony

Delyea and in 2017, Mulrey became a witness against Delyea in a family court matter. (Id. ¶ 11.) As a result, Delyea allegedly became increasingly hostile to her and in 2018, became extremely abusive, sabotaging two cases in which he represented Mulrey, and terrorizing her until she first abandoned her home office and then was ultimately forced to flee the state. (Id.) Mulrey made various contemporaneous reports to law enforcement, and obtained a restraining order and domestic abuse injunction against Delyea in July 2018. (Id. ¶ 12.) Mulrey asserts that she was unsuccessful in receiving protection from law enforcement so that she could return to the premises to retrieve her property, including her client files. (Id. ¶¶ 12–13.) Mulrey alleges that this traumatic experience became a trigger for her PTSD. (Id.

¶ 13.) On January 3, 2018, Kyle Herman hired Mulrey to represent him regarding two municipal citations he had received. (Id. ¶ 17.) Mulrey met with the assistant city attorney who offered to hold the case open and dismiss or amend the charges after a year of good behavior. (Id.) Mulrey encouraged Herman to accept the offer. (Id.) However, in May and June 2018, Mulrey missed two court appearances in Herman’s case, leading to a default judgment being issued on June 28, 2018. (Id. ¶ 18.) Mulrey asserts that neither she nor Herman received written notice of the default and Mulrey did not learn of the default until she followed up on the matter sometime around the end of August 2018. (Id.) Mulrey states

that she informed Herman of the case status, and advised that if he was willing to accept the City’s earlier offer, opposing counsel would likely not object to reopening the case. (Id. ¶ 19.) Mulrey alleges that she confirmed Herman’s intention to accept the previous offer around September 28, 2018, and contacted the assistant city attorney, who did not object to

this plan. (Id.) Mulrey states that the assistant city attorney requested the motion to reopen be deferred for three to four weeks, as she was going on maternity leave and needed to assign successor counsel. (Id.) Mulrey asserts that in November 2018, she attempted to reopen the case by filing by fax; however, the fax was not docketed because it lacked the accompanying filling fee. (Id. ¶ 20.) On February 1, 2019, Herman spoke to the city attorney’s office directly regarding his case, and then called Mulrey. (Id. ¶ 21.) Upon learning that the case had not been reopened, Mulrey offered to file again to seek to reopen the case. (Id.) Mulrey alleges that Herman instead demanded that she return the money he had paid for legal services rendered within one week, or he would discharge her. (Id.) One

week later Herman did discharge her, and Mulrey sent him a final bill. (Id.) Herman subsequently reopened the case on his own and was able to obtain the same resolution Mulrey had negotiated for him with the city attorney. (Id. ¶ 22.) At the same time Mulrey was representing Herman in his municipal case, on June 6 and 7, 2018, Mulrey visited the OLR to initiate a complaint against Delyea for allegedly eavesdropping on her. (Id. ¶ 23.) Mulrey met with Cynthia Schalley for several hours and provided documents in support of her claims. (Id.) Mulrey was instructed to re-initiate her grievance by telephone, upon which new staff would be assigned. (Id.) Mulrey alleges that her grievance against Delyea identified a variety of unethical acts and omissions on his part, including interfering with her access to her files, initiating frivolous and vexatious legal process against her, and engaging in criminal and other misconduct. (Id. ¶ 24.) Mulrey alleges that Kathryn Galarowicz was assigned as intake investigator with respect to her grievance against Delyea. (Id. ¶ 25.) On October 16, 2018, Mulrey called the

OLR and spoke to Galarowicz, providing information regarding her complaint and identifying numerous documents previously provided. (Id.) Mulrey provided further documentation in November. (Id.) Mulrey alleges that she was not given a copy of Delyea’s response to her grievance, nor given an opportunity to respond. (Id. ¶ 26.) Mulrey is unaware whether the OLR fully acted upon or resolved her grievance against Delyea. (Id. ¶ 27.) On February 11, 2019, Herman filed an OLR complaint against Mulrey for allegedly mishandling his case. (Id. ¶ 29.) Around March 1, 2019, Mulrey’s case was assigned to Jonathan Zeisser for intake, and Zeisser requested Mulrey respond to the grievance by

March 15, 2019. (Id. ¶ 30.) On April 16, 2019, Kenneth Broderick was assigned as the OLR investigator. (Id. ¶ 33.) Broderick sought additional information from Mulrey, giving her until May 16 to further respond. (Id.)1 On May 13, 2019, Mulrey called the OLR and asked for an extension, which was granted until May 31. (Id. ¶ 34.) On June 3, 2019, Mulrey called and again asked for additional time, stating that she lacked reliable internet access. (Id.) Mulrey was given until June 17 to respond. (Id.) Up to this point, Mulrey states that her extension requests did not mention her alleged PTSD; however, she alleges that her failure to inform the OLR was because she was

1 Mulrey’s Amended Complaint appears to be missing a page, as her allegations jump from paragraph 30 to paragraph 34. (Docket # 36-2 at 10–11.) Given these allegations of background facts are substantially similar to those alleged in her original complaint, I cite to paragraph 33 from the original complaint to maintain the continuity of facts. avoiding recollecting her trauma so as not to trigger her PTSD symptoms. (Id. ¶ 35.) Although Mulrey composed a 29-page response and attempted to email it on June 17, she later learned that the OLR never received it because the email had been conserved in her Gmail outbox. (Id. ¶ 36.)

Sometime between June 17 and 24, 2019, Mulrey alleges that she called the OLR and discussed with Broderick how, in order to respond to the OLR allegations, she was forced to recall traumatic events. (Id. ¶ 37.) On June 24, 2019, Mulrey alleges that Broderick emailed her seeking a response by July 5, 2019 and threatening to invoke suspension of her law license for noncompliance. (Id.

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Mulrey v. Wisconsin Office of Lawyer Regulation, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mulrey-v-wisconsin-office-of-lawyer-regulation-wied-2025.