GCW attorney, Paul Kinne, filed a lawsuit against Lawrence University for Title IX violations, on behalf of a student who was sexually assaulted by another Lawrence University student. The university allegedly failed to respond to multiple reported student-on-student assaults that occurred on school premises, of which the college was aware.

The plaintiff reported two incidents against a male student and was told no action could be taken until Lawrence had multiple reports about the same perpetrator. However, Curt Lauderdale, Dean of Students, admitted the university had previously received and were aware of at least three prior reports from other women who had been harassed or assaulted by the same student. In addition, during the investigation period, yet another student reported herself as a victim of rape at the hands of the same male student.

Although the Lawrence’s Title IX coordinator, Kimberly Jones, promised the perpetrator would be removed from campus, he was not. As a result, the plaintiff lived like a prisoner in her room to avoid him – missing classes and campus meals, as well as access to the library. Moreover, she was forced to quit her campus job during the investigation.

“This behavior has got to stop” said Paul Kinne, the plaintiff’s attorney. “This is one more example of a college refusing to take action on reports of sexual abuse because the college fears publicity, which hurts recruiting. It is another example of a college gambling that if they ignore the problem it will go away.”

“We hope this will be yet another message to colleges that allegations of abuse must be taken seriously from the very first report, and policies and practices must change so that action can be taken to prevent abuse before it happens,” Kinne continued.

The plaintiff is seeking emotional distress damages, punitive damages, and economic damages from Lawrence University.

A federal lawsuit has been filed Tuesday, June 19th, against the city of Milwaukee and its police department for the unlawful arrest and use of excessive force on Milwaukee Bucks player Sterling Brown.

On January 26th, Sterling Brown was wrongfully tased and arrested by Milwaukee police officers. Officers doing a business check at a Walgreens around 2 a.m. noticed a vehicle parked across two handicap spaces. Mr. Brown was being questioned for the parking violation when police officers tased and arrested Mr. Brown. After reviewing the body camera footage, no criminal charges were made against Mr. Brown, and the officers were given two weeks unpaid leave for their behavior during the incident.

Sterling Brown wants the city to admit that the incident was an unlawful racial stop. “An apology is not enough,” Thomsen said. “Our city has got to get done apologizing. We have to change what we do.”

GTW is working to seek justice for Mr. Brown’s civil rights against the Milwaukee Police Department. With cases like this, GTW has worked hard to bring the story forward and cultivate conversations around civil rights issues.

Sterling Brown states, “I know many of you will share my anger and frustration, but for our community to progress, we need to build on what we already have and not destroy it. I will take legal action against the Milwaukee Police Department to continue forcing change in our community.”

GCW is working to seek justice for Mr. Brown’s civil rights against the Milwaukee Police Department. With cases like this, GCW has worked hard to bring the story forward and cultivate conversations around civil rights issues.

In a recently released video, Milwaukee police confront Sterling Brown on January 26, 2018 for a parking violation. The body camera footage shows Mr. Brown wrongfully being thrown to the ground and tased at a local Walgreens. Mr. Brown released his statement regarding the incident earlier this week.

Sterling Brown states, “This is bigger than me. My family, friends, legal team, Priority Sports, Milwaukee Bucks, the black community and the communities of all who stand against injustice plan to continue the fight. Peaceful support to ensure no further damage to our community is the only way to respond. I know many of you will share my anger and frustration, but for our community to progress and grow, we need to build on what we already have and not destroy it. I will take legal action against the Milwaukee Police Department to continue forcing change in our community.”

 

On January 26th, Sterling Brown was wrongfully tased and arrested by Milwaukee police officers. According to Milwaukee police, officers doing a business check at a Walgreens around 2 a.m. noticed a parked vehicle across two handicap spaces. Brown was being questioned for the parking violation when police officers tased and arrested Brown. After an internal review, which included watching the body camera footage, no criminal charges were made against Brown.

According to Milwaukee County Chief Deputy District Attorney Kent Lovern, internal investigators at the Police Department did not ask the district attorney to consider criminal charges against the police officers or supervisors involved. Milwaukee Mayor Tom Barrett states he is concerned for public backlash after viewing the camera footage of the incident, which is a similar reaction to Police Chief Alfonso Morales.

GTW is working for Mr. Brown to seek justice and prevent this from happening again. This is the second situation in the last month in Milwaukee, WI. With cases like this, GTW has worked hard to bring the story forward and cultivate conversations around civil rights issues. Already, this has sparked conversations about change in communities, including within the Milwaukee Police Department and the Milwaukee Common Council, as well as communities across the country.

Mark Thomsen fights for family wrongful death case

UPDATE: A federal civil rights suit has been filed.


Adam Trammell was in the shower when two West Milwaukee police officers broke down his door and tased him as many as 18 times. The 22-year-old died soon after. However, Milwaukee District Attorney John Chisholm has decided not to file criminal charges against the officers. “This is a nightmare. I can’t believe this,” said Larry Trammell, Adam’s father, who is devastated by the death.

GTW’s Mark Thomsen is working with the family to file a civil suit. “He was naked in the bathtub. He had no weapon,” Thomsen said. “There is no reason in any situation that a young African-American male suffering from mental illness should be shot [with a Taser] 15-18 times and then die.” No one is ever prepared for a situation like this and GTW is dedicated to helping families seek the justice they deserve.

Sexual Assault

Sexual assault can turn a victim’s life upside down, causing physical and emotional trauma that can impact life in unforeseen ways. An important part of the recovery process is often the pursuit of justice. If criminal charges are filed, the state of Wisconsin will seek to hold your attacker responsible for his actions, which may result in felony or misdemeanor charges and jail time. But, you also have the right to fight for compensation for your ordeal by filing a civil lawsuit against your attacker.

There are some important differences between the two types of legal actions, including who has control over the legal case, the goal of the legal action, and the standard of proof needed to win your case.

Control Over the Proceedings

First, if your attacker is charged with felony or misdemeanor sexual assault in a criminal case, the state will control the court case. Your involvement in the legal matter and trial will simply be as a witness. If your attacker is found guilty, the state will impose punishment that may include jail time and/or monetary penalties payable to the state.

In contrast, if you decide to file a civil lawsuit, you are in charge of all of the major decisions in your legal case. You are the one deciding whether to take your case to trial or to accept an offer of settlement from your attacker.

Desired Outcome or Goal of the Case

The two types of legal cases also differ with respect to their end goals. In a criminal sexual assault case, the end goal is to determine whether your accused attacker is guilty or innocent in the eyes of the law. While the court may order your attacker to pay you restitution for your out-of-pocket expenses, such payments are secondary to criminal punishment.

Civil sexual assault cases don’t just focus on proving guilt. Instead, the goal is to determine whether the attacker is liable for damages, for injuries sustained as the result of the attack. These may be physical or emotional injuries, claims for defamation or invasion of privacy, and more. If you win your case, your attacker will owe you a financial obligation designed to help you heal from your ordeal.

Standard Needed to Prove Your Case

Another major difference lies in the burden of proof required to win the case.

When making a criminal case for sexual assault charges, your attacker is presumed innocent until proven guilty. In order to win the case against him, the state prosecutor must prove that your attacker is guilty of the charges beyond a reasonable doubt. If there is any possibility that he didn’t commit the crime as charged by the state, he will be found not guilty.

With a civil lawsuit for sexual assault, a victim simply needs to prove that it’s more likely than not that her attacker is liable for her injuries.

Gingras, Thomsen & Wachs, LLP Can Help You Fight for the Compensation You’re Entitled to Receive

If you were the victim of a sexual assault, you have the right to fight back. Gingras, Cates & Wachs can help. Our experienced, compassionate attorneys and staff, including our Milwaukee injury law representation are committed to helping victims hold their attackers accountable, so victims can move on to the next chapter in their lives.

To learn more, contact us today in Madison, Milwaukee, or Eau Claire.

Election

In December 2017, a state senator and state assemblyman in two separate voting districts resigned their positions to join Wisconsin Governor Scott Walker’s administration. Walker refused to call for special elections to fill those legislative vacancies as required by law. He claimed the general election in November 2018 would be soon enough. This would leave voters in the two districts without representation for nearly a year.

As Democratic assemblyman and candidate for Governor, Gingras, Thomsen & Wachs, LLP’ own Dana Wachs stated, “Not holding elections violates the basic tenants of democracy. Already, the legislature has been in session since these seats were vacated. Voters in DePere and Lodi have not been represented on issues of taxes, justice, and our environment.” In other words, by not having a representative, the citizens of those districts have been deprived of their constitutional right to vote.

Residents Sue and Court Rules in Their Favor

The citizens of those districts filed a lawsuit, asserting that by leaving the seats vacant, their basic constitutional right to representation was being infringed, as well as their right to vote for their representatives and senators. They asked the court to compel Walker to set a date for a special election.

The residents were represented by former U.S. Attorney General, Eric Holder. Holder argued current law required Walker to schedule special elections. The law states that a special election is required to be held “promptly” any time there is a vacancy “occurring before the 2nd Tuesday in May in the year in which a regular election is held…”

Walker argued that the law did not apply, since the vacancies occurred in 2017, not in 2018. Dane County Circuit Court Judge Reynolds, who was appointed to the bench by Walker in 2014, found Walker’s argument “absurd.” She ordered Walker to call for a special election by noon, March 29, 2018.

Meanwhile Republican legislators planned on calling a special legislative session to change the law so it would comply with Walker’s plan not to hold a special election. The proposed law even had a provision that said the law could not be “nullified” by citizens or the judiciary.

While legislators scrambled to hold a special session to pass their new election law before Judge Reynolds’ deadline, Walker presented his case to Dane County Circuit Judge Neiss. Neiss rebuffed Walker’s attempt and ordered that special elections must take place as ordered by Reynolds. Neiss went a step further and said it didn’t matter what the legislature did in the future. His ruling applied to the law as it is now.

Still recalcitrant, Walker tried one more time to avoid calling for a special election. He asked the Court of Appeals to stay the order of Judge Neiss. Judge Reilly rejected the Governor’s position stating: “Representative government and the election of our representatives are never unnecessary and never a waste of taxpayer resources.”  Walker backed down and finally called for the special elections as required by current election law.

Current Election Schedule

Fortunately, residents who were not happy about their constitutional right to representation being thwarted were willing to fight for the protection of their civil rights. The special primary election for Wisconsin State Assembly District 42 will be held on May 15, 2018 and for Wisconsin State Senate District 1 on June 12, 2018.

Our Wisconsin Civil Rights attorneys at Gingras, Cates & Wachs are committed to fighting for the rights of our clients. If you’ve experienced any type of action that violated your civil rights, contact GCW for a free case evaluation. We’ll be with you every step of the way.®

It’s an unfortunate fact that in this day and age a person’s civil rights can still be violated in the most despicable ways. As difficult as these cases are to comprehend, GTW is proud of the fact that we have a long and successful history of helping people and families who have been wronged by law enforcement misconduct. 

Below are some cases making the news that Attorney Mark Thomsen is currently working on. Mark is proud to be fighting for the rights of others!

 

 

Hiebing Was Tasered by University Police in 2009

Lawsuit Against UW Campus Police

Margaret Hiebing, who was Tasered by UW Police at last year’s Badger football game against Penn State, settled her lawsuit against UW campus police officers Tamara Kowalski and Peter Grimyser for the sum of $50,000 on Tuesday, September 8, 2009.

Hiebing, a long time Badger season ticket holder, claimed that Kowalski pulled her hair and threatened her with pepper spray because Hiebing was unable to sit in her rightful seat. Hiebing alleged that Kowalski’s actions caused a cascade of events, which ended in Grimyser Tasering the 54 year old Madison resident. Hiebing had not consumed any alcohol that day.

The lawsuit, which had been filed last February, sought damages for the physical pain caused by the officers’ conduct and also sought damages for emotional distress. Hiebing alleged that Kowalski and Grimyser both used excessive force against her. Additionally, Hiebing claimed that Kowalski arrested her without probable cause. All charges for disorderly conduct and resisting arrest filed against Hiebing were dropped long prior to this settlement.

“Margaret is pleased with the outcome,” remarked Hiebing’s attorney, Robert J. Gingras. “This case was never about money for Margaret. It was about sending a message to the police about how to treat law abiding citizens. Margaret hopes that this settlement will get the authorities to reexamine how the police interact with fans at the game when a fan cannot get into his or her seat.”

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