This case was last updated from U.S. District Courts on 07/29/2022 at 05:48:33 (UTC).

Estate of Antonio Gonzales 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.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00848

  • Filing Date:

    07/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judges

Stephen C Dries

Lynn Adelman

 

Party Details

Plaintiffs

Sandra Gonzales

Estate of Antonio Gonzales

Defendants

Officer Joseph Anthony Mensah

City of Wauwatosa

Barry Weber

Joseph Anthony Mensah

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

 

Court Documents

#27

(#27) ORDER signed by Judge Lynn Adelman on 07/20/2022; GRANTING #26 Motion for Extension of Time. (cc: all counsel)(bx)

26 #1

Text of Proposed Order Proposed Order

#26

(#26) Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time to adjourn and adjust dates in scheduling order by Estate of Antonio Gonzales. (Attachments: #1 Text of Proposed Order Proposed Order)(Cade, Nathaniel)

#25

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

#24

(#24) ORDER signed by Judge Lynn Adelman on 3/10/22 that Mensah's motion for a limited stay of discovery #20 is DENIED but that his alternative request for a protective order precluding discovery in this action from Mensah that relates to his conduct involving Anderson is GRANTED. Mensah's motion for a protective order pending a ruling on the motion to stay #22 is DENIED as MOOT. (cc: all counsel)(jad)

23 #3

Ex. C - 02.28.2022 Email and Notice

23 #1

Ex. A - 02.10.2022 Email

#23

(#23) DECLARATION of Jasmyne M. Baynard In Support of Motion for Protective Order (Attachments: #1 Ex. A - 02.10.2022 Email, #2 Ex. B - 02.24.2022 Email, #3 Ex. C - 02.28.2022 Email and Notice, #4 Ex. D - 03.06.2022 Email)(Baynard, Jasmyne)

#22

(#22) Rule 7(h) Expedited Non-Dispositive MOTION for Protective Order by Joseph Anthony Mensah. (Baynard, Jasmyne) Modified on 3/9/2022 (rcm).

#20

(#20) Expedited MOTION to Stay Discovery (Limited Stay) by Joseph Anthony Mensah. (Baynard, Jasmyne)

#5

(#5) NOTICE of Appearance by Jasmyne M Baynard on behalf of All Defendants. Attorney(s) appearing: JASMYNE M. BAYNARD (Baynard, Jasmyne)

#4

(#4) WAIVER OF SERVICE Returned Executed by All Defendants. (Schwab, Edward)

#3

RESTRICTED

2 #2

Summons Summons

2 #1

Summons Summons

#2

1 #1

Civil Cover Sheet

#1

31 More Documents Available
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Docket Entries

  • 07/20/2022
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  • Docket(#27) ORDER signed by Judge Lynn Adelman on 07/20/2022; GRANTING #26 Motion for Extension of Time. (cc: all counsel)(bx)

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  • 06/30/2022
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  • Docket(#26) Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time to adjourn and adjust dates in scheduling order by Estate of Antonio Gonzales. (Attachments: #1 Text of Proposed Order Proposed Order)(Cade, Nathaniel)

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  • 05/18/2022
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  • Docket(#25) NOTICE of Appearance by Nathaniel Cade, Jr on behalf of All Plaintiffs. Attorney(s) appearing: Nathaniel Cade, Jr.; Antonique Williams; Annalisa Pusick (Cade, Nathaniel)

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  • 03/10/2022
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  • Docket(#24) ORDER signed by Judge Lynn Adelman on 3/10/22 that Mensah's motion for a limited stay of discovery #20 is DENIED but that his alternative request for a protective order precluding discovery in this action from Mensah that relates to his conduct involving Anderson is GRANTED. Mensah's motion for a protective order pending a ruling on the motion to stay #22 is DENIED as MOOT. (cc: all counsel)(jad)

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  • 03/09/2022
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  • Docket(#23) DECLARATION of Jasmyne M. Baynard In Support of Motion for Protective Order (Attachments: #1 Ex. A - 02.10.2022 Email, #2 Ex. B - 02.24.2022 Email, #3 Ex. C - 02.28.2022 Email and Notice, #4 Ex. D - 03.06.2022 Email)(Baynard, Jasmyne)

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  • 03/09/2022
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  • Docket(#22) Rule 7(h) Expedited Non-Dispositive MOTION for Protective Order by Joseph Anthony Mensah. (Baynard, Jasmyne) Modified on 3/9/2022 (rcm).

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  • 03/03/2022
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  • Docket(#21) RESPONSE to Motion filed by All Plaintiffs re #20 Expedited MOTION to Stay Discovery (Limited Stay) . (Motley, Kimberley)

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  • 02/24/2022
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  • Docket(#20) Expedited MOTION to Stay Discovery (Limited Stay) by Joseph Anthony Mensah. (Baynard, Jasmyne)

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  • 02/18/2022
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  • Docket(#19) MOTION to Substitute Party by All Defendants. (Zellner, Kiley)

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  • 02/17/2022
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  • Docket(#18) DISCLOSURE Statement by All Plaintiffs. (Motley, Kimberley)

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12 More Docket Entries
  • 12/03/2021
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  • Docket(#5) NOTICE of Appearance by Jasmyne M Baynard on behalf of All Defendants. Attorney(s) appearing: JASMYNE M. BAYNARD (Baynard, Jasmyne)

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  • 10/07/2021
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  • Docket(#4) WAIVER OF SERVICE Returned Executed by All Defendants. (Schwab, Edward)

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  • 09/27/2021
  • DocketCase reassigned to Judge Lynn Adelman. Magistrate Judge Stephen C Dries no longer assigned to the case. (kah)

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  • 09/24/2021
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  • Docket(#3) 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)

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  • 09/23/2021
  • DocketFINAL NOTICE from the clerk to PLAINTIFF requesting that the Consent/Refusal form to Magistrate Judge Stephen C Dries be filed within 7 days; the 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. (kah)

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  • 09/08/2021
  • DocketNOTICE from the clerk to PLAINTIFF requesting that the Consent/Refusal form to Magistrate Judge Stephen C Dries be filed within 14 days; the 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. (kah)

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  • 07/19/2021
  • DocketSummons Issued as to City of Wauwatosa, Joseph Anthony Mensah, Barry Weber. (blr)

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  • 07/16/2021
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  • Docket(#2) REQUEST for Issuance of Summons by Estate of Antonio Gonzales (Attachments: #1 Summons, #2 Summons)(Motley, Kimberley)

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  • 07/15/2021
  • DocketNOTICE Regarding assignment of this matter to Magistrate Judge Stephen C Dries; Consent/refusal forms for Magistrate Judge Dries 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)

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  • 07/15/2021
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  • Docket(#1) COMPLAINT AND JURY DEMAND filed by Estate of Antonio Gonzales against Officer Joseph A Mensah, City of Wauwatosa, Barry Weber First PETITION Antonio Gonzales filed by Sandra Gonzales. ( Filing Fee PAID $402 receipt number AWIEDC-3870376)(Motley, Kimberley) (Additional attachment(s) added on 7/15/2021: #1 Civil Cover Sheet) (jcl). (Attachment 1 replaced on 7/16/2021) (jcl). Modified on 7/16/2021 (kah).

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