REQUIRE AN UNBIASED POLICE REVIEW PROCESS

PLAINTIFFS’ PROPOSED
FINDINGS OF FACT

The defendants have turned the summary judgment methodology on its head. Rather than construe all facts and reasonable inferences in the light most favorable to the plaintiffs, the defendants have presented their version of the facts, notwithstanding contradictory eyewitness testimony and forensic evidence. The following facts are the relevant facts for this Court’s review on summary judgment.

I. THE FACTS REGARDING
THE SPECIFIC CONSTITUTIONAL VIOLATIONS.

A. The Unlawful Stop of Michael E. Bell.

  1. On November 9, 2004, Michael E. Bell (hereafter “Bell”) was driving a Ford Explorer to his home at 8310 14th Avenue, Kenosha, Wisconsin.
  2. Brian Rocco was a passenger in the vehicle
  3. The vehicle was owned by Brian Rocco.
  4. Shortly after 2:10 a.m., Bell operated the vehicle southbound on 14th Avenue.
  5. Bell properly stopped the vehicle at the stop sign at 80th Street.
  6. Bell continued driving southbound on 14th Avenue within the speed limit.
  7. Bell passed two Kenosha Police Department marked squad cars, both of which were facing northbound and both had emergency lights flashing.
  8. The squad cars were being used by Officers Strausbaugh and Weidner during their shift on November 9, 2004.
  9. Officers Strausbaugh and Weidner were not in their squads cars but were outside standing on the sidewalk talking.
  10. As Bell passed the officers, neither Officers Strausbaugh nor Officer Weidner recognized the driver of the vehicle as Bell.
  11. Bell continued past the marked squad cars within the speed limit and properly stopped at the stop sign at 81st Street..
  12. Bell continued southbound within the speed limit.
  13. Bell did not cause the vehicle to accelerate suddenly, rev its engine, or squeal its tires.
  14. The vehicle Bell was driving was not swerving or operating in a manner that placed any pedestrians in harm’s way.
  15. The vehicle properly stopped at the stop sign at 83rd Street.
  16. The vehicle continued southbound on 14th Avenue until it stopped at Bell’s house in the 8300 block of 14th Avenue, Kenosha, Wisconsin
  17. Despite seeing no traffic laws begin violated, Officer Strausbaugh decided to stop the vehicle.
  18. Stopping a vehicle with no reasonable suspicion, or based only on a gut feeling, is improper.
  19. Strausbaugh turned his vehicle around and sped after the vehicle operated by Bell.
  20. Officer Weidner got into his squad car and followed Officer Strausbaugh.
  21. Bell showed no signs that he was attempting to flee in the vehicle.
  22. When Bell brought the vehicle to a stop in the 8300 block of 14th Avenue, Brian Rocco exited the vehicle first, and Bell got out of the vehicle second.
  23. Officer Strausbaugh pulled behind the vehicle operated by Bell, and Officer Weidner pulled up behind Officer Strausbaugh..
  24. Officer Strausbaugh said “Get back in the car. Get back in the car,” once while still in his car and the second time while exiting his vehicle.
  25. Brian Rocco said “What the heck, we didn’t do anything wrong.”
  26. Bell appears to ask “What?” of Officer Strausbaugh, indicating that he did not hear Officer Strausbaugh.