Haze v. Kubicek

Haze was ticketed for disorderly conduct after he clashed with Milwaukee Police Officer Kubicek outside the Bradley Center on the night of a Bucks game. Kubicek suspected that Haze was involved in scalping and was intoxicated. Haze successfully contested the ticket, then sued Kubicek for damages alleging that the officer unlawfully stopped him, falsely arrested him, used excessive force, and targeted him based on his race. After a two-day trial, a jury found that the stop was unlawful (because it was not supported by adequate suspicion) but was not the proximate cause of any compensable injury and exonerated Kubicek on the other counts. The judge awarded $1 in nominal damages for the unlawful stop. The Seventh Circuit affirmed. Haze’s argument that he was entitled to summary judgment on his claim for false arrest was procedurally foreclosed. Rejecting an argument that the jury’s verdict was inconsistent, the court stated that the lawfulness of the stop and the lawfulness of the officer’s use of force were distinct inquiries subject to different legal tests; an unlawful stop does not make an officer’s later use of force per se unreasonable. The jury’s verdict was vindication enough on the unlawful-stop claim. View "Haze v. Kubicek" on Justia Law