Pubdate: Thu, 02 Jun 2005 Source: Waukesha Freeman (WI) Copyright: 2005 The Waukesha Freeman Contact: http://www.freemanol.com/ Details: http://www.mapinc.org/media/770 Author: Lisa M. Reed MAN SUES OCONOMOWOC POLICE DEPARTMENT FOR FALSE ARREST Attorney For Police Asking Case To Be Dismissed OCONOMOWOC - A Waukesha County man who was arrested by the Oconomowoc Police Department in January 2004 has filed a criminal lawsuit against the department claiming he was arrested under false pretenses. Joshua M. Scaffidi was ticketed for consuming alcohol on public property Oct. 3, 2003, and given until Feb. 4, 2004, to pay the fine. He claims that at 8:30 p.m. Jan. 30, 2004, Oconomowoc police entered his apartment and made a false arrest. "The police falsified a warrant to get into my apartment, and I had six (more) days to pay the ticket," he said. "The objection was to get into my apartment on a Friday night. And they used my ticket as an excuse to get in there and search. There were no drugs." Scaffidi was then incarcerated for about 11 months on numerous charges including possession of drug paraphernalia, possession of cocaine, possession of marijuana, and resisting and obstructing an officer. While in jail Sept. 2, Scaffidi filed a civil rights complaint against Oconomowoc police officers Brad Timm, Andy Rich, Steve Grabowski, Sgt. Mark Schrang, Christian Harnisch, Dave Groves, John Resch, Greg Cavaiani, Police Chief Hugh Martin, Judge Douglas R. Stern, Assistant District Attorney Lloyd V. Carter and the Oconomowoc Dispatch Center. As of today, the case remains against Timm, Rich and Resch. Charges against the dispatch center and Martin were dismissed. Groves and Cavaiani are no longer with the department. The U.S. District Court Eastern District of Wisconsin has set June 10 as the deadline to file motions for this case. "We will be filing motions for dismissal on or before June 10 on the two claims - allegation of excessive force during arrest and allegation of improper search," said Joe Wirth of the Milwaukee firm of Piper and Schmidt, attorney for the Oconomowoc Police Department. According to the complaint, Timm and Rich knocked on Scaffidi's door and did not identify themselves as police officers so as to gain easy access. They forced open the door, pushing it into Scaffidi and said, "Stop resisting." The complaint states Scaffidi was not read his rights. Scaffidi further states that Timm, Rich, Groves, Cavaiani, Resch and Grabowski searched his apartment before a warrant was executed. Groves allegedly returned to the apartment with an unsigned warrant at 1 a.m. The warrant was not signed until 3:39 a.m., Scaffidi said. Scaffidi, who is representing himself, wants the case to go to mediation. He said he would like his boat, Jet Ski, car, stereo and clothes back and wants to move out of the country, possibly to Italy. He is also seeking $100,000 in damages.