MARIJUANA ACTIVIST'S CASE AGAINST UW POLICE OFFICERS ENDS IN HUNG JURY

An excessive force lawsuit brought against two University of
Wisconsin-Madison police officers by marijuana activist Ben Masel,
55, of Madison, ended Tuesday night in a hung jury.

After a two-day trial, the seven-person jury was unable to reach a
unanimous verdict on whether Officers Mike Mansavage and John
McCaughtry used more force than necessary when arresting Masel for
trespassing at the Memorial Union in June 2006.

Masel had been soliciting signatures to get on the ballot for the
U.S. Senate while on a sidewalk near the Memorial Terrace, an area
not designated for such activity by UW policy. Masel refused to leave
the area when requested by Memorial Union event managers who then
called UW police to enforce the policy.

Masel alleged he was pepper sprayed and "brutally handcuffed," when
arrested. He sued the officers alleging use of excessive force. He
also sued the Memorial Union employees and the UW Board of Regents
claiming their policy, which limits political activity of uninvited
guests to the sidewalk in front of the union, infringed on his free
speech rights and was unconstitutional.

District Judge John Shabaz dismissed Masel's constitutional claim,
citing case law that allows public universities to restrict
activities of uninvited guests on their property as long as the
policy is applied equally to all individuals. Shabaz allowed the
excessive force claim to go to trial.

District Judge Rudolph Randa, from the Eastern District of Wisconsin,
tried the case replacing Shabaz, who retired to part-time status in
December after being on medical leave since February.

Jurors deliberated about four hours Tuesday night before telling
Randa they were unable to reach a verdict. Randa dismissed them. The
case hasn't be rescheduled for trial.

Masel's attorney, Jeff Scott Olson, said he looks forward to retrying
the excessive force claim and is considering an appeal of the
dismissal of the free speech claim.

McCaughtry is still employed by UW Police, while Mansavage left last
year and is presently employed as a police officer by the town of
Madison, according to William Cosh, spokesman for Attorney General
J.B. Van Hollen.