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Case of the Month March 2021

City Pays $24K for Unreasonable Search

White v. City of Milwaukee

Case Type:
Civil Rights & Constitutional Law - Search & Seizure
Civil Rights & Constitutional Law - Section 1983

Specific Liability:
Police officer conducted invasive search in public

General Injury:
Emotional distress

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

Related Court Documents:
Plaintiff's complaint: 2017 WL 10978907

Case Name:
Marcus Deron White v. City of Milwaukee, Milwaukee Police Chief Edward Flynn, and Milwaukee Police Officers Jason Mucha, Michael Martin, Dustin Frank, Terrance Gordon, Donald Gaglione, Gilbert Carrasco, and Steven Kuspa

Docket/File Number:
2:17CV01259

Result Amount:
$24,000


Result Date:
April 05, 2019

Judge:
Unavailable

Attorneys:
Plaintiff: Robin Shellow, The Shellow Group, Milwaukee, WI
Defendants: None mentioned

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$24,000.00 to plaintiff

Summary of Facts:
Marcus White was a passenger in a vehicle that was stopped by City of Milwaukee Police Officer Michael Martin. He was detained by Martin and Police Officers Dustin Frank and Steven Kuspa. White claimed he was pinned to the hood of the vehicle. Martin reached a gloved hand into White's underwear and inserted a gloved finger into his rectum and anal cavity. A baggie of crack cocaine was retrieved. The plaintiff filed a lawsuit against the City of Milwaukee, Milwaukee Police Chief Edward Flynn, and Milwaukee Police Officers Jason Mucha, Martin, Frank, Terrance Gordon, Donald Gaglione, Gilbert Carrasco, and Steven Kuspa. He claimed the defendants utilized a policing technique known as “the train” in African-American “high crime” neighborhoods that accelerated traffic stops, field interviews, arrests for minor offenses, and searches. He claimed the search was illegal and physically abusive, and the defendants failed to intervene. White sought compensation for his physical pain, mental distress, anguish, humiliation, shame and fear. The parties reached a settlement in the amount of $24,000.

United States District Court, E.D. Wisconsin.

Westlaw Citation:
2019 WL 8218027


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