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.