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Case of the Month March 2017
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Case of the Month March 2017

Police officer violated plaintiff's civil rights during arrest

Nelson v. Defoe

Case Type:
Civil Rights & Constitutional Law - Excessive force
Civil Rights & Constitutional Law - Search & Seizure

Specific Liability:
Civil Rights Violation

General Injury:
Unspecified personal injuries

Jurisdiction:
State: Wisconsin
Court: United States District Court, W.D. Wisconsin.

Related Court Documents:
Plaintiffs' amended complaint: 2015 WL 12806138
Defednants' motion for summary judgment: 2016 WL 7040053
Judgment: 2016 WL 7034854

Case Name:
Thomas E., Nelson, Kirsten L. Pedersen, Individually and as next friends of J.A.N., and S.E.N. v. William Defoe, in his individual and official capacities, Gregory B. Nelson, In his individual and official capacities, and Town of La Pointe, Wisconsin

Docket/File Number:
3:15CV00274

Result Amount:
$300,000


Result Date:
August 29, 2016

Judge:
William M. Conley

Attorneys:
Plaintiffs: Glenn M. Stoddard, Stoddard Law Office, Bayfield, WI
Defendants: Thomas A. Cabush, Kasdorf, Lewis & Swietlik S.C., Milwaukee, WI; Casey M. Kaiser, Kasdorf, Lewis & Swietlik S.C., Milwaukee, WI; Breanne F. Lynch, Kasdorf, Lewis & Swietlik S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$300,000.00 to plaintiffs form defendant Town of La Pointe, Wisconsin

Summary of Facts:
Thomas Nelson reportedly had been involved in an ongoing feud with his cousin Greg Nelson for approximately 20 years. Greg was Chairman of the Town of La Pointe's Board of Supervisors, which made him the immediate supervisor of William Defoe, the Chief of Police of the Town of La Pointe. Greg allegedly informed Defoe that Thomas had damaged his logging truck and informed him he wanted Greg arrested.

Defoe, without conducting an investigation, drove to Thomas' home, walked into an enclosed porch area and knocked on an interior entrance door. Thomas claimed he told Defoe to get off his property and to obtain a warrant. Defoe allegedly followed Thomas into his kitchen and shot him with a taser, cycling an electric current through his body on three occasions. Defoe then tightly placed handcuffs on Thomas while his spouse Kristen Pedersen and two children were watching. Kristen asked why Thomas was being arrested and was reportedly told for disorderly conduct.

Thomas claimed Defoe later drove past Greg, temporarily turned off his body camera, and informed him Thomas had been arrested. Thomas was ultimately charged with operating a motor vehicle while intoxicated - second offense; operating with prohibited alcohol concentration - second offense; hit and run - attended vehicle; disorderly conduct; and operating with restricted controlled substances in blood - second offense. Thomas pleaded no contest to the charges of reckless driving and disorderly conduct.

Thomas and Pedersen, individually and as next friends of their children J.A.N., and S.E.N. filed a lawsuit against Defoe, in his individual and official capacities, Greg Nelson, in his individual and official capacities, and the Town of La Pointe, Wisconsin. They asserted claims of violation of the Fourteenth Amendment unlawful warrantless entry of their home, violation of the Fourteenth Amendment use of unreasonable force and seizure for the tasing and for the force used in arresting, handling, handcuffing and pushing Thomas.

The plaintiffs sought compensatory and punitive damages from the defendants.

The plaintiffs filed an amended complaint to include retaliation claims against the original defendants and James Patterson, Chairmen of the Board of Supervisors of the Town of La Pointe, Mike Anderson, Supervisor of the Board of Supervisors of the Town of La Pointe, Michael Childers, Supervisor of the Board of Supervisors of the Town of La Pointe, Mike Starck, Supervisor of the Board of Supervisors of the Town of La Pointe, James Price Jr., commercial building inspector/official and agent of the Town of La Pointe, Lisa Potswald, Interim Town Administrator of the Town of La Pointe, and Michael Fauerbach, attorney and agent of the Town of La Pointe.

The plaintiffs reached a settlement with the Town of La Pointe in the amount of $300,000.

Court: United States District Court, W.D. Wisconsin.

Westlaw Citation:
2016 WL 7477491


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