Partner Paul Kinne of Gingras, Thomsen & Wachs has filed a lawsuit against four Dane County Sheriff’s Deputies, Wellpath Mental, Medical Healthcare and one of its nurses on behalf of client Jimmie Joshua. The lawsuit states that Joshua’s constitutional rights were violated when the deputies used excessive force, resulting in a dislocated hip, fractured hip socket and nerve damage that required reconstructive surgery.
The lawsuit stems from an incident that occurred on December 23, 2020. At the time, Joshua was positive for COVID-19, so he was only allowed one hour outside of his cell each day. When he was ordered back into his cell before the allotted hour was up, Joshua started arguing with Deputy Isaac Wachholz.
Despite disagreeing with the early lockdown, Joshua did back toward his cell as ordered. Before he was able to enter his cell, Joshua was thrown to the floor by Wachholz.
Wachholz then called for other deputies, and two more entered Joshua’s cell. One of the deputies grabbed and lifted Joshua’s leg. The three of them then threw him to the floor and two of them climbed top of him.
Joshua was in extreme pain and requested that the deputies get off of him, but instead he was told to “stop resisting.” A nurse then checked Joshua’s vital signs, but did not check his hip and concluded that he wasn’t seriously hurt.
The lawsuit states, “Mr. Joshua knew as soon as he was thrown onto the ground by the deputies that he was seriously injured. When he was slammed into the ground on his right side, he felt his hip was broken because he could feel it popping out of his skin.”
Joshua was eventually placed in a restraint chair and moved to a cell on another floor. Once in the cell he was in so much pain he couldn’t move.
When Joshua’s fiancee, Allison Davidson, called the next day, Joshua told deputies he couldn’t get up to get to the door. Davidson was told by jail personnel that he was “probably lying.”
Another deputy and a nurse went to Joshua’s cell and determined he needed medical help. He was finally taken to UW Hospital, more than 16 hours after the incident occurred.
“He was very upset with the events surrounding his injury,” Joshua’s orthopedic surgeon wrote in his chart. “I can understand why.”
Joshua’s hip was repaired on December 24, 2020, with a metal plate and eight screws. He will eventually need a full hip and knee replacement.
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