26-CV-316 Hill v. City of Milwaukee et al
Order
On February 25, 2024, a vehicle pursued by two Milwaukee Police Department officers ran a red light at a high speed and T-boned a vehicle operated by Amari Smith, killing him. Smith's estate sued the police officer behind the wheel of the pursuing police vehicle, the Milwaukee Police Department police chief, and the City of Milwaukee. Defendants filed a motion to dismiss, arguing there was no constitutional violation. The Court found that plaintiff failed to state a claim against the individual police officer and the police chief acting in his individual capacity. However, it found that plaintiff could proceed on a Monell claim against the City of Milwaukee and the police chief in his official capacity based on allegations that they drafted, implemented, and maintained a police vehicle pursuit policy with deliberate indifference to the known risks to bystanders such as Smith.
