Loertscher v. Anderson

1997 Wisconsin Act 292, designed to address the effects of prenatal substance abuse, brings unborn children and their mothers within the jurisdiction of the juvenile courts if the mothers exhibit a habitual lack of self‐control with respect to alcohol or drugs that raises a substantial health risk for their unborn children. Loertscher sought treatment at a county health facility. Her caregivers determined that she was pregnant and that she had tested positive for methamphetamine, amphetamines, and tetrahydrocannabinol. The court ordered Loertscher to report to an alcohol and drug abuse treatment center for assessment and possible treatment. When she failed to comply, the court found her in contempt and placed her in county detention. She eventually agreed to participate in the program. Loertscher filed suit, 42 U.S.C. 1983 challenging the constitutionality of Act 292, then moved out of Wisconsin. The district court denied a motion to dismiss, concluded that Act 292 was void for vagueness and granted injunctive relief against the state defendants but determined that the county defendants were not personally liable. The Seventh Circuit vacated. Loertscher’s case is moot. She has moved out of Wisconsin and has no plans to return. It is not reasonably likely that she will again be subject to the Act. View "Loertscher v. Anderson" on Justia Law