WAUWATOSA — Fifty people are suing the city of Wauwatosa, its police chief, and mayor. It started off with only two plaintiffs who were apart of the lawsuit when it was first filed in November of 2020. But since then, 48 other plaintiffs who were involved in the protests have come forward demanding justice after they say their constitutional" rights were violated.
"Justice requires accountability," said Taleavia Cole, Alvin Cole's sister.
A total of 50 people are now looking to hold the city of Wauwatosa, its mayor Dennis McBride, and its current police chief Gary Weber responsible for the way they handled protests last fall after the district attorney announced that former police officer Joseph Mensah would not face any charges for the shooting death of 17-year-old Alvin Cole.
"There were so many constitutional rights violated, we find it troubling that rule of law was simply ignored, due process rights were ignored," said attorney, Kimberly Motley.
Throughout the 135-page lawsuit, attorneys Kimberly Motley and Milo Schwab described the actions taken by all three parties during the protests including the use of excessive force and the "unlawful" curfew that was enacted by the mayor.
"They were booked, they were arrested, for a non-criminal municipal ticket, essentially of like a speeding ticket. Mayor McBride for whatever reason decided not to inform the local government body, the common council, about this emergency proclamation that he unilaterally signed," said Motley.
Of those 50 plaintiffs involved in the lawsuit includes Alvin Cole's sister, Taleavia Cole, who says she and her family were targeted and harassed for protesting.
"They attacked our family, they targeted our family. Y'all beat my mom, pulled her out of the car by her hair, she's still recovering from injuries till this day," said Cole.
In a phone interview with TMJ4, Wauwatosa Mayor Dennis McBride argued that the lawsuit is not new, and the allegations made are completely false.
"There is no factual or legal merit to the allegations in the amended complaint, and we expect to fully prevail," said McBride.
"I think it's a pathetic response from a mayor who is completely useless for the city of Wauwatosa," said Motley.
In the end, those involved with the lawsuit say they want to see changes made within the police department and hold those in power accountable. TMJ4 did reach out to the Wauwatosa Police Department for a comment regarding the lawsuit but has not heard back.
