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Case of the Month July 2026

Individuals asserted that law enforcement officers violated their constitutional rights after arresting one individual for possession of marijuana and seizing the other individual's lawful hemp

Kovacic et al. v. Oconto County, Wis.

Case Type:
Civil Rights & Constitutional Law - False Arrest
Civil Rights & Constitutional Law - Search & Seizure
Civil Rights & Constitutional Law - Section 1983
Negligence-Other
Vicarious Liability

Specific Liability:
Civil Rights

General Injury:
Constitutional Rights Violations

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

Related Court Documents:
Plaintiffs' second amended complaint: 2024 WL 6986555
Plaintiffs' memorandum in opposition to defendants' motion for summary judgment: 2025 WL 4075729
Special verdict form: 2025 WL 4075392
Judgment in a civil case 2025 WL 4075387

Case Name:
Kovacic et al. v. Oconto County, Wis.

Docket/File Number:
1:23CV00642

Result Amount:
Defendant Oconto County, Wis., $0

Result Date:
November 20, 2025

Judge:
William C. Griesbach

Attorneys:
Plaintiffs: Samantha H. Baker, AxePoint Law, Milwaukee, WI; O. Emil Ovbiagele, AxePoint Law, Milwaukee, WI; Connor J. Dartt, AxePoint Law, Milwaukee, WI; Jason M. Marx, Hale & Monico LLC, Chicago, IL; Shawn Barnett, Hale & Monico LLC, Chicago, IL
Defendant: Ronald S. Stadler, Stadler Sacks LLC, West Bend, WI; Jonathan E. Sacks, Stadler Sacks LLC, West Bend, WI; Dawn N. Klockow, Stadler Sacks LLC, West Bend, WI

Result Type:
Jury

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$0

Summary of Facts:
Plaintiff Tammy Kovacic, also referred to as Tammy Lively, was reportedly a licensed grower and processor of hemp in the state of Wisconsin, and lawfully operated the business Wautoma Cannabis Queen LLC in Wisconsin.

Tammy Kovacic and plaintiff Kevin Kovacic said that they were traveling in a vehicle registered to Tammy from Waushara County, Wis., to Kevin's home located in Menominee, Mich. The plaintiffs said that they were transporting hemp that had been planted, grown, cultivated and harvested by Tammy in Wisconsin.

The plaintiffs contended that the hemp was properly stored in vacuum-sealed packaging and included a required copy of the 'Fit for Commerce Certificate,' when they were stopped by law enforcement officers from Oconto County and Forest County, Wis., as well as from the city of Crandon, Wis. The plaintiffs claimed that some of the law enforcement officers who were present at the stop, which included Oconto County Sheriff's Lieutenant Eric Thomson and Deputy Nicholas School, were members of the Northeast Tri-County Drug Enforcement Group, which allegedly functioned as a multi-jurisdictional criminal drug task force and was conducting a multi-jurisdictional criminal interdiction in Oconto County, Wis.

The plaintiffs asserted that despite all of the hemp having been properly stored and labeled, and the plaintiffs having all required permits and paperwork, the law enforcement officers seized the hemp products and conducted tests for cannabis. The plaintiffs contended that the law enforcement officers also placed Kevin Kovacic under arrest without probable cause, and transported him to the Oconto County Jail, where he stayed for almost three days and was not provided food that he could safely consume due to his having a medical condition.

The plaintiffs said that after he was released from custody, Kevin was required to seek emergency medical attention for severe dehydration.

The plaintiffs contended that after repeated requests, Thomson sent portions of the seized hemp to Accelerated Laboratories for THC concentration testing over three months after Kevin's arrest. The plaintiffs said that approximately five months after the arrest, Thomson notified Tammy Kovacic that a testing report showed that the hemp seized was in fact lawful hemp rather than illegal marijuana. According to the plaintiffs, by the time Tammy was notified that she could recover possession of the lawful hemp, it had lost its value and could no longer be sold.

The plaintiffs asserted multiple claims against numerous defendants, which included claims for violations of Kevin Kovacic's Fourth Amendment rights against Oconto County, Wis., due to Thomson's and School's arresting Kevin without probable cause to believe that he had committed or was in the process of committing a crime.

The plaintiffs also argued that Thomson and School had violated Tammy Kovacic's Fourth Amendment rights by seizing her hemp without probable cause to believe that the hemp constituted contraband or evidence of a crime.

The plaintiffs further claimed that Oconto County failed to properly train its law enforcement officers when addressing hemp, and that such failure to provide adequate training resulted in violating the plaintiffs' constitutional rights.

Oconto County denied liability and asserted that Thomson and School had probable cause to arrest Kevin for either possession of THC (marijuana) with intent to distribute or for possession of drug paraphernalia. The defendant asserted that when the plaintiffs' automobile was stopped due to an illegal window tint, the plaintiffs allegedly informed a law enforcement officer that hemp was present in their vehicle. When law enforcement officers conducted a perimeter search of the plaintiffs' automobile, they allegedly noticed that the vehicle smelled like marijuana and reportedly discovered several packages of green, leafy substances in non-commercial zip lock bags, as well as loose plant material in an unsealed bag.

The defendant further claimed that the law enforcement officers found a prescription pill bottle in the vehicle that contained four, hand-rolled cigarettes that appeared to contain cannabis, as well as rolling papers and an improvised device for smoking marijuana. According to the defendant, a law enforcement officer tested the plant material from one of the hand-rolled cigarettes and it tested positive for THC.

The defendant contended that the law enforcement officers subsequently learned that Kevin had reportedly previously been arrested and had pending criminal charges for allegedly manufacturing and trafficking THC. As a result, the defendant argued that Thomson and School had probable cause to place Kevin Kovacic under arrest for possession with intent to deliver THC.

The defendant further argued that Thomson and School were entitled to qualified immunity and disputed the nature and extent of the plaintiffs' claimed damages.

Following a jury trial with only Oconto County, Wis., listed as a defendant on the verdict form, jurors found in the defendant's favor.

United States District Court, E.D. Wisconsin.

Westlaw Citation:
2025 WL 4100453