This case was last updated from U.S. District Courts on 05/17/2022 at 09:05:42 (UTC).

James v. Racine County Sheriff's Department et al

Case Summary

On March 18, 2022, Sherry James, as Special Administrator of the Estate of Malcolm James, deceased (“Plaintiff”), represented by Alexander McH Memmen of Din Memmen Inc, filed a civil rights lawsuit against Racine County Sheriff’s Department, Sheriff Christopher Schmaling, Justin Brands, Erlinda Rodriguez, Jonathan Koski and others (collectively, “Defendants”) seeking damages and costs along with attorneys’ fees, among other reliefs, for the Defendants’ alleged negligence. This case was filed in the U.S. District Court in the Eastern District of Wisconsin with Judge Pamela Pepper presiding.

 

In the complaint, the Plaintiff alleged that “[o]n or about May 28, 2021, Malcolm James called 911 in a mental health crisis requesting help,” and “Malcom James was charged with numerous counts including arson, taken to Ascension hospital for observation, and subsequently taken to the Racine County Jail.” Additionally, the Plaintiff alleged that “between May 28, 2021, and June 1, 2021, Malcolm James was being ridiculed and not having his mental health needs addressed despite the staff observing a mental health crisis.”

 

The Plaintiff further alleged that “[o]n or about June 1, 2021, Malcom James was being removed from his cell. At such time, the correctional emergency response team (herein after referred to as ‘CERT members’), SGT JUSTIN BRANDS, OFFICER KHADEJA DISMUKE, OFFICER MICHAEL SAULYS, OFFICER JOSUE DAVALOSALONSO, OFFICER ADREAN PAYNE AND OFFICER JONATHAN KOSKI entered Malcolm James cell, tased him, Oleoresin Capsicum (OC) sprayed him, handcuffed him and placed him in an emergency restraint chair with his waist, and feet shackled to the chair.” 

 

The Plaintiff also alleged that “Malcolm was not monitored for his breathing or any other side effects of the OC and was immediately placed in further restrictive positions that interfered with his ability to breathe.”

 

The Plaintiff alleged that “Malcolm James begged and cried out to the DEFENDANT OFFICERS that he could not breathe during the first attempt to remove the taser prongs. DEFENDANT OFFICERS did not have or use the taser removal tool which could have easily removed the taser prongs in a matter of seconds,” and “DEFENDANT OFFICERS had Malcom James leaned forward in an inverted choke hold, which placed him in a position wherein he could not breathe for three minutes and eight seconds (3:08).”

 

The Plaintiffs also alleged that “CRYSTAL KRISTIANSEN was incorrectly using the pulse oximeter machine; she had no knowledge as to the whereabouts of the AED and indicated they should call 911 after seven minutes and nine seconds (7:09) of failed attempts with smelling salts and trying to talk Malcolm back to life.” 

 

The Plaintiffs also alleged that “Malcom James was caused to suffer conscious pain and suffering due to asphyxiation up until his death and additional damages, including wrongful death damages for the loss suffered by his heirs and next of kin.”

 

The Plaintiff laid down seven claims of relief. The first claim is for the alleged use of excessive force. The second claim is for alleged wrongful death. The third claim is for alleged failure to protect. The fourth claim is for alleged indemnification claims. The fifth claim is for alleged Monell claims. The sixth claim is for alleged negligent training and supervisor and the seventh claim is for alleged medical indifference/negligence claim.

 

In the prayer for relief, the Plaintiff requested the court for punitive damages, costs, attorney’s fees, and any additional relief this Court deems equitable and just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-00344

  • Filing Date:

    03/18/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Civil Right

Judge Details

Presiding Judge

Pamela Pepper

 

Party Details

Plaintiff

Sherry James

Defendants

Racine County Sheriff's department

Christopher Schmaling

Justin Brands

Erlinda Rodriguez

Jonathan Koski

Adrian Payne

Josue Davalos-Alonso

Michael Saulys

Cristain Brindis

Justin Gaudes

MEnD Correctional Care, PLLC

Crystal Kristainsen

MEnD Correctional Care PLLC

Not Classified By Court

Malcolm James

Attorney/Law Firm Details

Plaintiff and Not Classified By Court Attorney

Alexander McH Memmen

Attorney at Din Memmen Inc

4518 N Kedzie Ave

Chicago, IL 60625

Defendant Attorneys

Samuel C Hall, Jr

Attorney at Crivello Carlson SC

The Empire Building, 710 N Plankinton Ave - Ste 500

Milwaukee, WI 53203-2404

Steven C McGaver

Attorney at Crivello Carlson SC

710 N Plankinton Ave, Ste 500

Milwaukee, WI 53203

 

Court Documents

#16

RESTRICTED

#15

(#15) WAIVER OF SERVICE Returned Executed by Adrian Payne - Waiver sent on 3/22/2022. (Hall, Samuel)

#14

(#14) NOTICE of Appearance by Samuel C Hall, Jr on behalf of Adrian Payne. Attorney(s) appearing: Samuel C. Hall, Jr. (Hall, Samuel)

#13

(#13) NOTICE of Appearance by Steven C McGaver on behalf of Adrian Payne. Attorney(s) appearing: Steven C. McGaver (McGaver, Steven)

#12

(#12) WAIVER OF SERVICE Returned Executed by Justin Gaudes - Waiver sent on 3/22/2022. (Hall, Samuel)

#11

(#11) WAIVER OF SERVICE Returned Executed by Michael Saulys - Waiver sent on 3/22/2022. (Hall, Samuel)

#10

(#10) WAIVER OF SERVICE Returned Executed by Cristain Brindis - Waiver sent on 3/22/2022. (Hall, Samuel)

#9

(#9) WAIVER OF SERVICE Returned Executed by Josue Davalos-Alonso - Waiver sent on 3/22/2022. (Hall, Samuel)

#8

(#8) WAIVER OF SERVICE Returned Executed by Jonathan Koski - Waiver sent on 3/22/2022. (Hall, Samuel)

#7

(#7) WAIVER OF SERVICE Returned Executed by Erlinda Rodriguez - Waiver sent on 3/22/2022. (Hall, Samuel)

#6

(#6) WAIVER OF SERVICE Returned Executed by Justin Brands - Waiver sent on 3/22/2022. (Hall, Samuel)

#5

(#5) WAIVER OF SERVICE Returned Executed by Christopher Schmaling - Waiver sent on 3/22/2022. (Hall, Samuel)

#4

(#4) WAIVER OF SERVICE Returned Executed by Racine County Sheriff's department - Waiver sent on 3/22/2022. (Hall, Samuel)

#3

(#3) NOTICE of Appearance by Steven C McGaver on behalf of Justin Brands, Cristain Brindis, Josue Davalos-Alonso, Justin Gaudes, Jonathan Koski, Racine County Sheriff's department, Erlinda Rodriguez, Michael Saulys, Christopher Schmaling. Attorney(s) appearing: Steven C. McGaver (McGaver, Steven)

#2

(#2) NOTICE of Appearance by Samuel C Hall, Jr on behalf of Justin Brands, Cristain Brindis, Josue Davalos-Alonso, Justin Gaudes, Jonathan Koski, Racine County Sheriff's department, Erlinda Rodriguez, Michael Saulys, Christopher Schmaling. Attorney(s) appearing: Samuel C. Hall, Jr. (Hall, Samuel)

1 #4

Filed Order of Special Admin

1 #3

Filed Letters of Special Admin

1 #2

Civil Cover Sheet

8 More Documents Available
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Docket Entries

  • 04/28/2022
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  • Docket(#16) Magistrate Judge Jurisdiction Form filed by Justin Brands, Cristain Brindis, Josue Davalos-Alonso, Justin Gaudes, Jonathan Koski, Adrian Payne, Racine County Sheriff's department, Erlinda Rodriguez, Michael Saulys, Christopher Schmaling. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Hall, Samuel)

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  • 04/22/2022
  • DocketNOTICE from the clerk to all parties requesting that the Consent/Refusal form to Magistrate Judge Stephen C. Dries be filed within 21 days; the form is available #here. (amb)

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  • 04/21/2022
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  • Docket(#15) WAIVER OF SERVICE Returned Executed by Adrian Payne - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/21/2022
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  • Docket(#14) NOTICE of Appearance by Samuel C Hall, Jr on behalf of Adrian Payne. Attorney(s) appearing: Samuel C. Hall, Jr. (Hall, Samuel)

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  • 04/21/2022
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  • Docket(#13) NOTICE of Appearance by Steven C McGaver on behalf of Adrian Payne. Attorney(s) appearing: Steven C. McGaver (McGaver, Steven)

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  • 04/04/2022
  • DocketNOTICE from the clerk to defendants requesting that the Consent/Refusal form to Magistrate Judge Stephen C. Dries be filed within 21 days; the form is available #here. (amb)

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  • 04/01/2022
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  • Docket(#12) WAIVER OF SERVICE Returned Executed by Justin Gaudes - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/01/2022
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  • Docket(#11) WAIVER OF SERVICE Returned Executed by Michael Saulys - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/01/2022
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  • Docket(#10) WAIVER OF SERVICE Returned Executed by Cristain Brindis - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/01/2022
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  • Docket(#9) WAIVER OF SERVICE Returned Executed by Josue Davalos-Alonso - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/01/2022
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  • Docket(#8) WAIVER OF SERVICE Returned Executed by Jonathan Koski - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/01/2022
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  • Docket(#7) WAIVER OF SERVICE Returned Executed by Erlinda Rodriguez - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/01/2022
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  • Docket(#6) WAIVER OF SERVICE Returned Executed by Justin Brands - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/01/2022
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  • Docket(#5) WAIVER OF SERVICE Returned Executed by Christopher Schmaling - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/01/2022
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  • Docket(#4) WAIVER OF SERVICE Returned Executed by Racine County Sheriff's department - Waiver sent on 3/22/2022. (Hall, Samuel)

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  • 04/01/2022
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  • Docket(#3) NOTICE of Appearance by Steven C McGaver on behalf of Justin Brands, Cristain Brindis, Josue Davalos-Alonso, Justin Gaudes, Jonathan Koski, Racine County Sheriff's department, Erlinda Rodriguez, Michael Saulys, Christopher Schmaling. Attorney(s) appearing: Steven C. McGaver (McGaver, Steven)

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  • 04/01/2022
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  • Docket(#2) NOTICE of Appearance by Samuel C Hall, Jr on behalf of Justin Brands, Cristain Brindis, Josue Davalos-Alonso, Justin Gaudes, Jonathan Koski, Racine County Sheriff's department, Erlinda Rodriguez, Michael Saulys, Christopher Schmaling. Attorney(s) appearing: Samuel C. Hall, Jr. (Hall, Samuel)

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  • 03/18/2022
  • DocketNOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; 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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  • 03/18/2022
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  • Docket(#1) COMPLAINT with Jury Demand; against Justin Brands, Cristain Brindis, Josue Davalos-Alonso, Justin Gaudes, Jonathan Koski, Crystal Kristainsen, MEnD Correctional Care, PLLC, Adrian Payne, Racine County Sheriff's department, Erlinda Rodriguez, Michael Saulys, Christopher Schmaling by Malcolm James, Sherry James. ( Filing Fee PAID $402 receipt number AWIEDC-4067006) (Attachments: #1 Exhibit A - Signed Claim Against Racine Co, #2 Civil Cover Sheet, #3 Filed Letters of Special Admin, #4 Filed Order of Special Admin)(Memmen, Alexander)

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