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News (Media Awareness Project) - US WI: $12 Million Sought From County Over Drug Raid At Wrong
Title:US WI: $12 Million Sought From County Over Drug Raid At Wrong
Published On:2001-06-12
Source:Milwaukee Journal Sentinel (WI)
Fetched On:2008-01-25 17:17:14
$1.2 MILLION SOUGHT FROM COUNTY OVER DRUG RAID AT WRONG HOUSE

A former Muskego woman handcuffed during a botched drug bust in February is
seeking $1.2 million from Waukesha County, according to a notice of claim
filed with the county.

In mistakenly conducting the Valentine's Day raid, officers "embarrassed
and humiliated" Susan Wilson and "caused her emotional and mental trauma
and physical discomfort," says the claim, which her attorney, Mark
Phillips, filed Friday.

The claim seeks $1 million in compensatory damages for alleged pain,
suffering, embarrassment, humiliation and violation of Wilson's civil
rights, as well as $200,000 in punitive damages.

The county has 120 days to respond to the notice, after which Wilson has
the option of taking further legal action, such as filing a lawsuit, as
Phillips has said she intends to do.

Officers from the county Metropolitan Drug Enforcement Unit approached a
Muskego home from the back about 6:30 p.m. Feb. 14. They were looking for a
home where a woman lived with a dog and saw Wilson standing in her driveway
with her dog.

Wilson, 49, was handcuffed and forced to the ground while other officers
searched the home. Officers left the property after learning that they were
at the wrong place.

The address listed on the search warrant was in the same block but was
never searched.

Sheriff William Kruziki said he would not comment on the specifics of the
claim. He said, however, that although mistakes were made, "there was no
misconduct or malicious intent."

Kruziki has reassigned three drug unit officers: sheriff's Capt. Terry
Martorano, sheriff's Lt. Charles Wood and Muskego Police Officer Eric
Nowicki. Martorano has returned to the Sheriff's Department as a day-shift
commander, Wood has returned as an evening supervisor, and Nowicki has
returned to police patrol.

According to the claim, Wilson allegedly suffered "numerous scrapes,
bruises, abrasions and swollen wrists as a direct and proximate result of
this egregious conduct."

The claim names the county and several drug unit officers but singles out
Nowicki, who led the raid. The claim alleges Nowicki failed to follow
proper procedure and was not adequately trained.

The claim faults an unidentified Menomonee Falls officer, another member of
the drug unit, for Nowicki's alleged inadequate training.

In April, Phillips requested the name of the Menomonee Falls officer and
the names of other unidentified officers in the incident. The county has
refused the request, saying that identifying the drug enforcement officers
jeopardizes their safety.

The claim says that "the continuous withholding of the identification of
these officers amounts to a conspiracy to deprive Wilson of her right to
enforce the civil rights law."

The claim alleges the officers violated Wilson's civil rights in a number
of ways, including wrongful arrest, wrongful search and seizure, false
imprisonment, negligent infliction of emotional distress, reckless invasion
of privacy, illegal entry into her house, negligent infliction of physical
harm, excessive force, assault and battery, and trespassing.

Briefly

The claim seeks $1 million in compensatory damages for alleged pain,
suffering, embarrassment, humiliation and violation of Susan Wilson's civil
rights, in addition to $200,000 in punitive damages
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