This case was last updated from U.S. District Courts on 07/29/2022 at 06:15:54 (UTC).

Estate of Jay Anderson Jr et al v Mensah et al

Case Summary

On October 13, 2021, the Estate of Jay Anderson, Jr., by Special Administrator, Starkeisha DeLaRosa and J.A., a minor child, through her next friend Starkeisha DeLaRosa (collectively, “Plaintiffs”), represented by Kimberley C Motley of Motley Legal Services, Annalisa Pusick, Antonique C Williams, and Nathaniel Cade, Jr., of Cade Law Group LLC, and Edward Milo Schwab of Ascend Counsel, LLC, filed a civil rights lawsuit against Officer Joseph Anthony Mensah (unrepresented), Barry Weber, City of Wauwatosa, Joseph Anthony Mensah, and James MacGillis (collectively, “Defendants”), represented by Ann C Wirth, Gregg J Gunta, Kyle R Moore, Kiley B. Zellner, and Jasmyne M Baynard of Wirth & Baynard,  seeking compensatory and punitive damages for the alleged use of excessive force that caused the death of Antonio Gonzales. This case was filed in the U.S. District Court for the Eastern District of Wisconsin with Judge Brett H Ludwig presiding.

In the complaint, Plaintiffs claimed that “homicides of citizens by law enforcement officers are an all-too-common occurrence in the United States. In 2019 alone, 1098 people were killed by law enforcement officers.”

Plaintiffs continued that “2019 was no outlier. Year after year, police in America kill over 1,000 individuals. Many of these individuals are unarmed and many are people of color.”

Plaintiffs alleged that “Defendant Mensah engaged in the use of deadly force that was objectively unreasonable in light of the facts and circumstances, violating Mr. Anderson’s Fourth Amendment rights. By shooting at Mr. Anderson with the express intent to kill him, Mensah’s actions were not objectively reasonable.”

Plaintiffs also alleged that “Defendant Mensah seized Mr. Anderson by means of objectively unreasonable and excessive force when he had no reasonable belief that Mr. Anderson had committed or was going to commit a crime or posed a threat to any officer or other person.”

Plaintiffs further alleged that “approximately half of all residential land in Wauwatosa was subject to racially restrictive covenants over its history,” and that “a whistleblower clerk complained about the racism within the WPD and the MLK parties thrown and attended by many WPD officers. These allegations were brought to the attention of the municipality and the Fire and Police Commission.”

Plaintiffs additionally alleged that “the investigation revealed that WPD Officers Howard Bacon, David Breitlow, James Zalewski, John Bozicevish, Mark Tebo, Mark Presper, Roger Martens, Thomas Simon, Fred Carsky, Michael Reagles, Jeffrey Pruss, and Daniel Collins attended and/or hosted the racially divisive MLK parties.”

Plaintiffs then alleged that “on June 25, 1996, Adrian Patterson was subjected to excessive force by WPD officers. In his complaint, he stated that Timothy Brenzel hurled racial slurs at him while in custody. Timothy Brenzel was a detective for the WPD.”

Plaintiffs presented four claims for relief including allegations of denial of equal protection and excessive force. 

In the prayer for relief, Plaintiffs requested compensatory and punitive damages, as well as costs and attorney fees.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01179

  • Filing Date:

    10/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

Brett H Ludwig

 

Party Details

Plaintiffs

Estate of Jay Anderson Jr

J A

Defendants

Officer Joseph Anthony Mensah

Barry Weber

City of Wauwatosa

Joseph Anthony Mensah

James MacGillis

Attorney/Law Firm Details

Plaintiff Attorneys

Kimberley C Motley

Attorney at Motley Legal Services

Po Box 1433, United States

Matthews, NC 28106

Edward Milo Schwab

Attorney at Ascend Counsel, LLC

2401 S Downing

Denver, CO 80210

Annalisa Pusick

Attorney at Cade Law Group LLC

Po Box 170887

Milwaukee, WI 53217

Antonique C Williams

Attorney at Cade Law Group LLC

Po Box 170887

Milwaukee, WI 53217

Nathaniel Cade, Jr

Attorney at Cade Law Group LLC

Po Box 170887

Milwaukee, WI 53217

Defendant Attorneys

Ann C Wirth

Attorney at Wirth & Baynard

9898 W Bluemound Rd - Ste 2

Wauwatosa, WI 53226

Jasmyne M Baynard

Attorney at Wirth + Baynard

9898 W Bluemound Rd - Ste 2

Wauwatosa, WI 53226

Kiley Beth Zellner

Attorney at Wirth & Baynard

9898 W Bluemound Rd - Ste 2

Wauwatosa, WI 53226

Kyle R Moore

Attorney at Wirth & Baynard

788 N Jefferson St - Ste 500

Milwaukee, WI 53202

Gregg J Gunta

Attorney at Wirth + Baynard

9898 W Bluemound Rd - Ste 2

Wauwatosa, WI 53226

 

Court Documents

#41

(#41) AMENDED SCHEDULING ORDER signed by Judge Brett H Ludwig on 6/15/22. Amended Pleadings due by 8/25/2022. Discovery due by 3/3/2023 Motions due by 3/3/2023. Primary expert witness disclosures due 1/6/2023. Rebuttal expert disclosures due 2/16/2023. (cc: all counsel)(jad)

#40

(#40) STATUS REPORT (Joint) by All Defendants. (Baynard, Jasmyne)

#39

(#39) NOTICE of Appearance by Nathaniel Cade, Jr on behalf of All Plaintiffs. Attorney(s) appearing: Nathaniel Cade, Jr.; Antonique Williams; Annalisa Pusick (Cade, Nathaniel)

#38

(#38) Minute Entry for proceedings held before Judge Brett H Ludwig: Status Conference held on 5/9/2022. Discovery requests, including and deposition notices, as to Defendant Mensah are further stayed until June 3, 2022. A joint status report informing the court of the outcome of the conference, including the special prosecutors' charging decision and any proposed changes to the schedule, must be filed on or before June 10, 2022. (Tape #37) (jad)

#37

(#37) Audio of hearing held on 05/09/2022at 09:31 a.m.; Audio File Size(3.5 MB) (jad)

#35

(#35) MOTION to Amend/Correct Scheduling Order by J A, Estate of Jay Anderson Jr. (Schwab, Edward)

#34

(#34) ORDER signed by Judge Brett H Ludwig on 4/5/22 that the motion for limited stay #27 is GRANTED. Discovery requests, including deposition requests, as to Defendant Mensah are stayed until May 20, 2022. The motion for a protective order #29 is DENIED as moot. Telephonic status conference set for May 9, 2022 at 9:30 AM. To appear, call the Court's conference line at 1-866-434-5269, and enter access code 1737450# before the scheduled hearing time. (cc: all counsel)(jad)

33 #1

Ex A - Petition for Filing a Criminal Complaint

#29

(#34) ORDER signed by Judge Brett H Ludwig on 4/5/22 that the motion for limited stay #27 is GRANTED. Discovery requests, including deposition requests, as to Defendant Mensah are stayed until May 20, 2022. The motion for a protective order #29 is DENIED as moot. Telephonic status conference set for May 9, 2022 at 9:30 AM. To appear, call the Court's conference line at 1-866-434-5269, and enter access code 1737450# before the scheduled hearing time. (cc: all counsel)(jad)

#27

(#32) RESPONSE to Motion filed by All Plaintiffs re #27 MOTION to Stay Discovery (Limited Stay) . (Schwab, Edward)

#7

RESTRICTED

#6

(#6) WAIVER OF SERVICE Returned Executed by Barry Weber - Waiver sent on 10/18/2021. (Schwab, Edward)

#5

(#5) WAIVER OF SERVICE Returned Executed by Joseph Anthony Mensah - Waiver sent on 10/18/2021. (Schwab, Edward)

#4

(#4) WAIVER OF SERVICE Returned Executed by City of Wauwatosa - Waiver sent on 10/18/2021. (Schwab, Edward)

#3

(#3) NOTICE of Appearance by Edward Milo Schwab on behalf of J A, Estate of Jay Anderson Jr. Attorney(s) appearing: E. Milo Schwab (Schwab, Edward)

#2

(#2) NOTICE of Appearance by Kimberley C Motley on behalf of All Plaintiffs. Attorney(s) appearing: Kimberley Cy. Motley (Motley, Kimberley)

1 #1

Civil Cover Sheet

#1

32 More Documents Available
View All Documents

 

Docket Entries

  • 06/15/2022
  • View Court Documents
  • Docket(#41) AMENDED SCHEDULING ORDER signed by Judge Brett H Ludwig on 6/15/22. Amended Pleadings due by 8/25/2022. Discovery due by 3/3/2023 Motions due by 3/3/2023. Primary expert witness disclosures due 1/6/2023. Rebuttal expert disclosures due 2/16/2023. (cc: all counsel)(jad)

    Read MoreRead Less
  • 06/10/2022
  • View Court Documents
  • Docket(#40) STATUS REPORT (Joint) by All Defendants. (Baynard, Jasmyne)

    Read MoreRead Less
  • 05/18/2022
  • View Court Documents
  • Docket(#39) NOTICE of Appearance by Nathaniel Cade, Jr on behalf of All Plaintiffs. Attorney(s) appearing: Nathaniel Cade, Jr.; Antonique Williams; Annalisa Pusick (Cade, Nathaniel)

    Read MoreRead Less
  • 05/09/2022
  • View Court Documents
  • Docket(#38) Minute Entry for proceedings held before Judge Brett H Ludwig: Status Conference held on 5/9/2022. Discovery requests, including and deposition notices, as to Defendant Mensah are further stayed until June 3, 2022. A joint status report informing the court of the outcome of the conference, including the special prosecutors' charging decision and any proposed changes to the schedule, must be filed on or before June 10, 2022. (Tape #37) (jad)

    Read MoreRead Less
  • 05/09/2022
  • View Court Documents
  • Docket(#37) Audio of hearing held on 05/09/2022at 09:31 a.m.; Audio File Size(3.5 MB) (jad)

    Read MoreRead Less
  • 04/22/2022
  • View Court Documents
  • Docket(#36) TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 4/22/2022 re: #35 Motion to Amend Scheduling Order. Because Plaintiffs have established good cause, the Court GRANTS the motion in part. The Scheduling Order, ECF No. 21, is amended to allow the parties to amend their pleadings without leave of the Court through June 15, 2022. (cc: all counsel)(jad)

    Read MoreRead Less
  • 04/20/2022
  • View Court Documents
  • Docket(#35) MOTION to Amend/Correct Scheduling Order by J A, Estate of Jay Anderson Jr. (Schwab, Edward)

    Read MoreRead Less
  • 04/05/2022
  • View Court Documents
  • Docket(#34) ORDER signed by Judge Brett H Ludwig on 4/5/22 that the motion for limited stay #27 is GRANTED. Discovery requests, including deposition requests, as to Defendant Mensah are stayed until May 20, 2022. The motion for a protective order #29 is DENIED as moot. Telephonic status conference set for May 9, 2022 at 9:30 AM. To appear, call the Court's conference line at 1-866-434-5269, and enter access code 1737450# before the scheduled hearing time. (cc: all counsel)(jad)

    Read MoreRead Less
  • 03/31/2022
  • View Court Documents
  • Docket(#33) REPLY BRIEF in Support filed by Joseph Anthony Mensah re #27 MOTION to Stay Discovery (Limited Stay) . (Attachments: #1 Ex A - Petition for Filing a Criminal Complaint)(Baynard, Jasmyne)

    Read MoreRead Less
  • 03/17/2022
  • View Court Documents
  • Docket(#32) RESPONSE to Motion filed by All Plaintiffs re #27 MOTION to Stay Discovery (Limited Stay) . (Schwab, Edward)

    Read MoreRead Less
25 More Docket Entries
  • 11/02/2021
  • DocketNOTICE to Plaintiffs - Pursuant to Civil Local Rule 7.1 a disclosure statement should have been filed with your first pleading. Please file your disclosure statement within 7 days. (vkb)

    Read MoreRead Less
  • 11/01/2021
  • View Court Documents
  • Docket(#7) Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Motley, Kimberley)

    Read MoreRead Less
  • 10/19/2021
  • View Court Documents
  • Docket(#6) WAIVER OF SERVICE Returned Executed by Barry Weber - Waiver sent on 10/18/2021. (Schwab, Edward)

    Read MoreRead Less
  • 10/19/2021
  • View Court Documents
  • Docket(#5) WAIVER OF SERVICE Returned Executed by Joseph Anthony Mensah - Waiver sent on 10/18/2021. (Schwab, Edward)

    Read MoreRead Less
  • 10/19/2021
  • View Court Documents
  • Docket(#4) WAIVER OF SERVICE Returned Executed by City of Wauwatosa - Waiver sent on 10/18/2021. (Schwab, Edward)

    Read MoreRead Less
  • 10/14/2021
  • View Court Documents
  • Docket(#3) NOTICE of Appearance by Edward Milo Schwab on behalf of J A, Estate of Jay Anderson Jr. Attorney(s) appearing: E. Milo Schwab (Schwab, Edward)

    Read MoreRead Less
  • 10/14/2021
  • View Court Documents
  • Docket(#2) NOTICE of Appearance by Kimberley C Motley on behalf of All Plaintiffs. Attorney(s) appearing: Kimberley Cy. Motley (Motley, Kimberley)

    Read MoreRead Less
  • 10/13/2021
  • DocketCase Opening Modification(s); The following modification(s) have been made to your case entry: A county code was entered and one or more party names have been modified - please remember to follow the Party Name Guidelines found on our website and DO NOT add addresses for any party; Please refer to the # attorney case opening instructions and the # party name guidelines found in the user manual for further guidance. (vkb)

    Read MoreRead Less
  • 10/13/2021
  • DocketNOTICE Regarding assignment of this matter to Judge Brett H Ludwig; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl)

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • Docket(#1) COMPLAINT with Jury Demand filed by the Estate of Jay Anderson, Jr. ( Filing Fee PAID $402 receipt number AWIEDC-3945527) (Attachments: #1 Civil Cover Sheet)(Motley, Kimberley)

    Read MoreRead Less