Webb v. Milwaukee Police Department
2:25-cv-00648
E.D. Wis.May 29, 2025Background
- Israel Webb, proceeding pro se, alleges that on November 14, 2022, Milwaukee police officer Darius Wade shot him while Webb was unarmed, compliant, and partially handcuffed.
- Webb claims his neighbors provided false information to the police, prompting Officer Wade’s solo response.
- Webb asserts that Officer Wade acted unprofessionally, lost his body camera during the incident, and shot Webb despite his attempts to surrender.
- Webb was incarcerated for ten months on charges later dropped, and seeks $13.5 million in damages and improved police training.
- Upon initial review, Webb demonstrated financial inability to pay court fees and sought to proceed in forma pauperis.
- The court is conducting an initial screening to determine whether the claims are frivolous, insufficient, or against immune defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| In forma pauperis status | Webb cannot pay filing fees due to indigence | Not presented | Granted: Webb may proceed without prepaying fees |
| Sufficiency of claims | Officer shot him while compliant, handcuffed, unarmed | Not presented | Claims are sufficient to proceed |
| Excessive force | Shooting was unreasonable under the circumstances | Not presented | States a claim for excessive force |
| Municipal liability | Police dept. failed to train officers adequately | Not presented | Allegations sufficient to state claim (barely) |
Key Cases Cited
- Johnson v. Scott, 576 F.3d 658 (7th Cir. 2009) (holding that police officers may not use force against a subdued and compliant suspect)
- Connick v. Thompson, 563 U.S. 51 (2011) (allowing suits against municipalities for failure to train officers under certain circumstances)
- Monell v. Dep’t Soc. Servs., 436 U.S. 658 (1978) (establishes municipal liability under Section 1983 for policies or customs causing constitutional violations)