Split decision from federal jury: Man suing for civil rights violations by MPD awarded $506,000
MILWAUKEE (WITI) -- A split decision from a federal jury in a case involving a Milwaukee police officer. This, after a man sued for civil rights violations.
40-year-old Leo Hardy claimed he was illegally searched when he was arrested during a traffic stop in 2012. Hardy and his attorneys say he had not committed any violation when he was stopped by police that night.
Hardy and his attorneys say officers ordered Hardy out of his car, and an officer put his hand in Hardy's pants while searching him.
Hardy says he feared for his life -- and ran.
When officers caught him, Hardy says they conducted a public strip search in view of his neighbors.
Hardy was arrested for resisting arrest.
The jury had to rule on three separate claims brought by Hardy's lawsuit: that he was stopped and frisked unlawfully, that he was falsely arrested, and that he was unreasonably searched.
The jury found that the stop and frisk, and the false arrest claims brought by Hardy's lawsuit were unlawful. The jury ruled that MPD officers had no reasonable suspicion to stop and frisk Hardy, and no probable cause to arrest him.
For those claims, the jury awarded Hardy a total of $506,000.
"Just because you look a certain way or drive a certain car -- that don`t mean that you`re doing illicit things. Just cause you wear your pants sagging down -- if that`s the style, that`s what you choose to do, that don`t give the police no right to harass you," Hardy said.
The strip search, the jury ruled, was justified.
The jury's ruling in this case was unanimous.
"This isn't about randomly stopping people. This is about the Milwaukee police terrorizing men of color in this community by stopping them and doing whatever the hell they please with them," Robin Shellow, one of Hardy's attorneys said.
At least 60 people have accused Milwaukee police of conducting illegal strip searches from 2008 to 2012.
An attorney representing Leo Hardy says there are 15 pending lawsuits revolving around illegal searches by MPD. All have been filed in federal court by the same group of attorneys who represented Hardy.
A statement from Milwaukee Police Chief Ed Flynn released Thursday, August 7th reads as follows:
“Each of these cases is reviewed on its own merits and unique facts. Today the jury found in favor of the officers in this case by determining that the searches were lawful. I understand the City Attorney’s Office may review the jury’s finding relative to an unlawful stop in this case and may consider appealing that portion of the jury’s decision.”
The following is a statement released by the attorneys representing Leo Hardy:
"A jury in federal court late (Thursday) awarded Leo Hardy, 40, just over half a million dollars for a wrongful 'stop and frisk' and false arrest by Milwaukee police stemming from a March 2012 traffic stop.
The case is the first of several federal suits to reach a jury in cases involving alleged improper strip searches by the Milwaukee Police Department. Mr. Hardy was represented by Robin Shellow of Milwaukee's The Shellow Group, and Russell Ainsworth, Heather Lewis Donnell and Theresa Kleinhaus of the Chicago-based firm Loevy & Loevy Attorneys at Law. The Shellow Group and Loevy & Loevy represent over a dozen other citizens who have filed similar lawsuits against the Milwaukee PD.
According to his suit, 'Mr. Hardy had not committed any traffic violation. Rather, Officers Gasser and Garland used an alleged traffic stop as a false pretense to search Mr. Hardy without probable cause.… Officer Gasser then searched Mr. Hardy by reaching his hands into Mr. Hardy's pants and inappropriately touched Plaintiff's genitalia.'
Fearing for his safety, Mr. Hardy ran, but was quickly caught by the defendant officers who, in turn, allegedly conducted a much more public strip search, removing Mr. Hardy's pants and underwear in front of several neighbors and other witnesses near his home.
'While awaiting transport, Defendant Officers searched Mr. Hardy a third time by reaching inside his pants an touching his genitalia again,' said the suit.
No contraband was found during any of the searches, and when Mr. Hardy complained of the incident to officers with Internal Affairs, they allegedly threatened him with charges of obstructing justice if his statements were untrue."