west log
Benefits to State Bar of Wisconsin Members Case Highlights & Features Publicize Your
Case Results
As a service to its members, the State Bar of Wisconsin has entered into an alliance agreement with West, a Thomson Reuters business, to provide award information on Wisconsin civil jury trials, bench trials, settlements, and arbitrations.

State Bar members can:
  • Request a full case summary, free of charge
  • Submit their own case results for online publication in Westlaw's® West's Jury Verdicts - Wisconsin Reports, free of charge
  • Order a paid online subscription to Westlaw's® West's Jury Verdicts - Wisconsin Reports
  • Contact West: west.juryverdicts@thomsonreuters.com or 800-689-9378
For State Bar members submitting their own results for publication, West will:
  • Send each submitter a pdf of his/her published case as it appears online in Westlaw's® West's Jury Verdicts - Wisconsin Reports, free of charge
  • Consider highlighting and/or featuring the case in our semi-monthly "West's Jury Verdicts" article in InsideTrack, and on this web site.
State Bar of Wisconsin's InsideTrack Web Site
  • Highlights - Our attorney editors select 6 cases to highlight in the State Bar of Wisconsin's semi-monthly "InsideTrack" web site in concise one-paragaph format from the approximately 25 Wisconsin cases we publish each month in full summary format.
This Web Site
  • Case of the Month - Our attorney editors also select one case to feature in its entirety in its full summary format.
dec
Case of the Month July 2020
See below
Would you like West
to consider featuring
or highlighting your case?

» Online Submission Form
Westlaw Litigator
Your key resource
for every phase of litigation

» Learn More
Recommend Another
State Bar
Would you like West
to provide similar content
for another State Bar?

» Contact Us

Case of the Month July 2020

Police Officers Use Excessive Force During Traffic Stop

Harris v. City of Milwaukee

Case Type:
Civil Rights & Constitutional Law - Excessive Force
Civil Rights & Constitutional Law - Search & Seizure
Civil Rights & Constitutional Law - Section 1983
Intentional Torts - Assault & Battery


Specific Liability:
Police officers used excessive force in assaulting and battering an individual during a traffic stop

General Injury:
Left shoulder

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

Related Court Documents:
Verdict form: 2020 WL 1667820

Case Name:
Jimmy Harris v. City of Milwaukee; Officer Froilan Santiago; Officer Mark Kapusta; Officer Steven Stelter; Chief of Police Edward Flynn; and Sergeant Walter McCullough

Docket/File Number:
2:14CV01002

Result Amount:
$1,675,188


Result Date:
March 04, 2020

Judge:
Unavailable

Attorneys:
Plaintiff: Nathaniel Cade Jr., Cade Law Group L.L.C., Milwaukee, WI
Defendants: Grant F. Langley, City Attorney - Milwaukee, Milwaukee, WI
Defendants: Jan A. Smokowicz, Assistant City Attorney - Milwaukee, Milwaukee, WI

Result Type:
Jury

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
Gross: $1,675,188
$1,750.00 to plaintiff for the unlawful stop
$1,560,000.00 to plaintiff for excessive force, assault and battery
$4,125.00 to plaintiff for the illegal search
$19,313.00 to plaintiff for unlawful arrest
$40,000.00 to plaintiff for punitive damages from defendant Santiago
$50,000.00 to plaintiff for punitive damages from defendant McCullough

Summary of Facts:
Jimmy Harris was operating a vehicle when it was pulled over by Milwaukee Police Officer Froilan Santiago for the description of the vehicle allegedly not matching the registration. Santiago, who had recently undergone surgery on his left shoulder and was wearing a sling, offered to show Santiago the error in the registration information when Santiago grabbed his left arm, handcuffed him and then threw him against Harris' vehicle. Santiago then reportedly moved Harris out of the view of his police vehicle camera to the rear of the vehicle. He then used the sling to throw Harris to the ground and assaulted him. Milwaukee Police Officers Mark Kapusta, Steven Stelter and Sergeant Walter McCullough then arrived at the scene and reportedly assisted Santiago in the assault. Harris claimed he was taken to the hospital and when he woke up Santiago was standing in his room. Santiago took him to the basement of the courthouse parking structure and left him handcuffed in the squad car for two hours.

Harris filed a lawsuit against the City of Milwaukee, Santiago, Kapusta, Stelter, McCullough, and Chief of Police Edward Flynn. The plaintiff alleged Santiago made an unreasonable search and seizure of his person, and assaulted, battered and falsely imprisoned him. He also alleged Kapusta, Stelter and McCullough assisted Santiago and the City of Milwaukee failed to properly train its police officers and was liable for their actions.

The defendants claimed the plaintiff was verbally and physically resistant to a pat down. A struggle occurred after he allegedly resisted being handcuffed. They also disputed whether the plaintiff suffered any physical harm from the incident.

A jury found in favor of the plaintiff on his claims but determined only Santiago and McCullough used excessive force. The panel awarded the plaintiff damages in the total amount of $1,675,188.

United States District Court, E.D. Wisconsin.

Westlaw Citation:
2020 WL 1696197


This web page has been specially designed for State Bar of Wisconsin Members.
WJV Home | WJV-WisBar Home | Contact Us | Privacy Statement | © 2020 Thomson Reuters/West. All rights reserved.
Thomson Reuters logo