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News (Media Awareness Project) - US WI: Man Sues Oconomowoc Police Department For False Arrest
Title:US WI: Man Sues Oconomowoc Police Department For False Arrest
Published On:2005-06-02
Source:Waukesha Freeman (WI)
Fetched On:2008-01-16 11:45:26
MAN SUES OCONOMOWOC POLICE DEPARTMENT FOR FALSE ARREST

Attorney For Police Asking Case To Be Dismissed

OCONOMOWOC - A Waukesha County man who was arrested by the Oconomowoc
Police Department in January 2004 has filed a criminal lawsuit against the
department claiming he was arrested under false pretenses.

Joshua M. Scaffidi was ticketed for consuming alcohol on public property
Oct. 3, 2003, and given until Feb. 4, 2004, to pay the fine. He claims that
at 8:30 p.m. Jan. 30, 2004, Oconomowoc police entered his apartment and
made a false arrest.

"The police falsified a warrant to get into my apartment, and I had six
(more) days to pay the ticket," he said. "The objection was to get into my
apartment on a Friday night. And they used my ticket as an excuse to get in
there and search. There were no drugs."

Scaffidi was then incarcerated for about 11 months on numerous charges
including possession of drug paraphernalia, possession of cocaine,
possession of marijuana, and resisting and obstructing an officer.

While in jail Sept. 2, Scaffidi filed a civil rights complaint against
Oconomowoc police officers Brad Timm, Andy Rich, Steve Grabowski, Sgt. Mark
Schrang, Christian Harnisch, Dave Groves, John Resch, Greg Cavaiani, Police
Chief Hugh Martin, Judge Douglas R. Stern, Assistant District Attorney
Lloyd V. Carter and the Oconomowoc Dispatch Center.

As of today, the case remains against Timm, Rich and Resch. Charges against
the dispatch center and Martin were dismissed. Groves and Cavaiani are no
longer with the department.

The U.S. District Court Eastern District of Wisconsin has set June 10 as
the deadline to file motions for this case.

"We will be filing motions for dismissal on or before June 10 on the two
claims - allegation of excessive force during arrest and allegation of
improper search," said Joe Wirth of the Milwaukee firm of Piper and
Schmidt, attorney for the Oconomowoc Police Department.

According to the complaint, Timm and Rich knocked on Scaffidi's door and
did not identify themselves as police officers so as to gain easy access.
They forced open the door, pushing it into Scaffidi and said, "Stop
resisting." The complaint states Scaffidi was not read his rights.

Scaffidi further states that Timm, Rich, Groves, Cavaiani, Resch and
Grabowski searched his apartment before a warrant was executed. Groves
allegedly returned to the apartment with an unsigned warrant at 1 a.m. The
warrant was not signed until 3:39 a.m., Scaffidi said.

Scaffidi, who is representing himself, wants the case to go to mediation.

He said he would like his boat, Jet Ski, car, stereo and clothes back and
wants to move out of the country, possibly to Italy. He is also seeking
$100,000 in damages.
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