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Complaint Filed by 3 Milwaukee Outlaws Against Summerfest

Posted on Aug 27, 2009
8/29/2003

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
___________________________________________________________________________

CHRIS GUNDERSON
*
*,

JACK DAUGHERTY                                               COMPLAINT FOR CIVIL RIGHTS
*                                                                          VIOLATIONS
*,
                                                                Case Number              03-C-0801            
JAMES SWORSKE, SR.
*
*,

Plaintiffs,

v.

CITY OF MILWAUKEE
c/o City Clerk
200 East Wells Street
Milwaukee, Wisconsin 53202,

POLICE OFFICER HALL
c/o City of Milwaukee
Police Department
749 West State Street
Milwaukee, Wisconsin 53233,

MILWAUKEE WORLD FESTIVAL, INC.
c/o Michael Kelly
Foley & Lardner
777 East Wisconsin Avenue
Milwaukee, Wisconsin 53202,

        Defendants.
___________________________________________________________________________

INTRODUCTION


     1.    This action includes a claim to redress the deprivation of the Plaintiffs’ civil rights

guaranteed by the Constitution and laws of the United States and the State of Wisconsin. The

Defendant, Detective Hall, acting pursuant to an official policy and custom endorsed and ratified

by the Defendants, City of Milwaukee and Milwaukee World Festival, Inc., ordered the Plaintiffs

to leave the Henry W. Maier Festival Park (“Summerfest”) on July 2nd, 2003 because the

Plaintiffs were wearing clothing and colors representing the Outlaws Motorcycle Club. The

Plaintiffs were then arrested and cited for trespassing.

     1.    This action includes a claim to redress the deprivation of the Plaintiffs’ civil rightsguaranteed by the Constitution and laws of the United States and the State of Wisconsin. TheDefendant, Detective Hall, acting pursuant to an official policy and custom endorsed and ratifiedby the Defendants, City of Milwaukee and Milwaukee World Festival, Inc., ordered the Plaintiffsto leave the Henry W. Maier Festival Park (“Summerfest”) on July 2nd, 2003 because thePlaintiffs were wearing clothing and colors representing the Outlaws Motorcycle Club. ThePlaintiffs were then arrested and cited for trespassing. JURISDICTION

     2.        Plaintiffs invoke the jurisdiction of this Court under 42 U.S.C. § 1983.

     3.        During all times mentioned in this Complaint, the Plaintiffs were, and still are, adult

citizens of the United States, residing in Wisconsin, and members of the Outlaws

Motorcycle Club.

VENUE

     4.        Venue is proper in the Eastern District of Wisconsin because a substantial part of

the events giving rise to the Plaintiffs’ claims occurred in Milwaukee, Wisconsin.

FACTUAL ALLEGATIONS

     5.        The Plaintiff, Chris Gunderson, is an adult resident of the City of *,

County of *, Wisconsin, currently residing at *.

     6.        The Plaintiff, Jack Daugherty, is an adult resident of the City of *, County

of *, Wisconsin, currently residing at *.

     7.        The Plaintiff, James Sworske, Sr., is an adult resident of the City of *,

County of *, Wisconsin, currently residing at *.

     8.        The Defendant, City of Milwaukee, is a self-insured municipal body, organized

and existing under the laws of Wisconsin, with its main place of business located at 200 East

Wells Street, Milwaukee, Wisconsin, Zip Code 53202; that process can be served upon the

Defendant, City of Milwaukee, through the City Clerk, located at 200 East Wells Street,

Milwaukee, Wisconsin, Zip Code 53202; that the Defendant, City of Milwaukee, employed the

Defendant, Detective Hall, through the City of Milwaukee Police Department at the time of the

incident herein, July 2nd, 2003; that the Defendant, City of Milwaukee, ratified and approved the

acts of each Defendant and is therefore liable pursuant to Wis. Stat. § 895.46.

     9.        The Defendant, Detective Hall, was at all times mentioned herein a duly

appointed officer of the Police Department of the City of Milwaukee, located at 749 West State

Street, Milwaukee, Wisconsin, Zip Code 53233; that at all times mentioned herein was acting

under color of state law, to-wit, under color of the statutes, ordinances, regulations, policies,

customs policy and usages of the State of Wisconsin and/or the City of Milwaukee.

     10.       The Defendant, Milwaukee World Festival, Inc., is a self-insured domestic entity,

organized and existing under the laws of Wisconsin with its main place of business located at

200 North Harbor Drive, Milwaukee, Wisconsin, Zip Code 53202; that process can be served

upon the Defendant, Milwaukee World Festival, Inc., through Michael Kelly, located at Foley &

Lardner, 777 East Wisconsin Avenue, Milwaukee, Wisconsin, Zip Code 53202; that the

Defendant, Milwaukee World Festival, Inc., maintained and enforced a policy and custom of

denying entrance to, or expelling from, Henry W. Maier Festival Park any person wearing

offensive clothing.

     11.       On or about July 2nd, 2003, the Plaintiffs, Chris Gunderson, Jack Daugherty, and

James Sworske, Sr., wearing Outlaws Motorcycle Club clothing and colors, entered Summerfest

in Milwaukee, Wisconsin after paying and providing valid admissions tickets; that at that same

time and place, the Defendant, Detective Hall, while in the course and scope of his employment

with the Defendant, City of Milwaukee, and acting pursuant to the policy and custom described

herein, ordered the Plaintiffs to leave Summerfest solely because they were wearing Outlaws

Motorcycle Club clothing and colors.

     12.       The Plaintiffs refusal to comply with the Defendant, Detective Hall’s order to

leave resulted in their being arrested and cited for trespassing.

     13.       At all times mentioned herein, the Plaintiffs were enjoying Summerfest in a

lawful manner without incident of breach of peace.

FIRST CAUSE OF ACTION

     14.       The Plaintiffs’ right to wear Outlaws Motorcycle Club clothing and colors in

public is guaranteed by the freedom of expression provision of the First Amendment to the

United States Constitution. By expelling the Plaintiffs from Summerfest for the reasons and in

the manner described herein, the Defendants violated the Plaintiffs’ federal Constitutional rights

and such violation is redressable under 42 U.S.C. § 1983.

SECOND CAUSE OF ACTION

     As and for a second cause of action, the Plaintiffs repeat and allege all of the allegations

contained previously herein, incorporate same by reference and further allege and show to the

Court as follows:

     15.       The Plaintiffs’ right to freely associate with others is guaranteed by the First

Amendment to the United States Constitution. By expelling the Plaintiffs from Summerfest for

the reasons and in the manner described herein, the Defendants violated the Plaintiffs’ rights of

free association and such violation is redressable under 42 U.S.C. § 1983.

THIRD CAUSE OF ACTION



     As and for a third cause of action, the Plaintiffs repeat and allege all of the allegations

contained previously herein, incorporate same by reference and further allege and show to the

Court as follows:

     16.     The Plaintiffs’ right to wear Outlaws Motorcycle Club clothing and colors in

public is guaranteed under Article 1, Section 3, of the Wisconsin Constitution. By expelling the

Plaintiffs from Summerfest for the reasons and in the manner described herein, the Defendants

violated the Plaintiffs’ state constitutional rights and Plaintiffs invoke the supplemental

jurisdiction of this Court to redress this violation under Wisconsin law.

     WHEREFORE the Plaintiffs, Chris Gunderson, Jack Daugherty, and James Sworske,

Sr., demand judgment against the Defendants in the following forms: for compensatory damages

as the Court may deem just and equitable, exemplary damages as the Court may deem just and

equitable, a permanent injunction enjoining the Defendants from violating the Plaintiffs’ rights to

free speech and free association as guaranteed under the United States and Wisconsin

Constitutions, together with costs and disbursements of this action, reasonable attorney’s fees

associated with this action, and any further relief the Court may deem just and equitable.

JURY DEMAND

     PLEASE TAKE NOTICE that the Plaintiffs in the above-entitled action hereby demand a trial by jury.


                                                                           Michael F. Hupy & Associates
                                                                           Attorneys for the Plaintiffs,


Dated:           08/22/2003                                      By: _________________________
                                                                              Jason F. Abraham
                                                                              State Bar Number 1018202


Post Office Address:
100 East Wisconsin Avenue
Suite 1110
Milwaukee, Wisconsin 53202
(414) 223-4800