Judge rules for Black man arrested in his new Monona home
A Monona police officer violated a Black man's constitutional rights when he entered a home and arrested the man based on a neighbor's racial suspicion, a federal judge has ruled.
Keonte Furdge's lawsuit over the 2020 incident will now move on to decide his damages.
Furdge, 25, and a friend had just moved into their high school coach's mother's house. She had recently died, and the coach invited the men to live there for a couple of months.
A neighbor who wasn't aware of the arrangement called police after she saw Furdge sitting on the patio on June 2, 2020. She described him as an African-American, though the judge noted, the dispatcher did not mention the subject's race when she asked an officer to swing by.
More: Milwaukee cop fined $1,250 for 2020 off-duty scuffle with protesters of police brutality
By the time an officer arrived, Furdge had moved to a bedroom. From the front door, the first officer could hear Furdge inside and said, "You want to come out here?" But Furdge, who appeared to be singing or talking on a phone, did not respond.
After a second officer showed up, they entered the home without knocking or announcing themselves, or checking with the owner.
With guns drawn, they yelled, "Police — come out with your hands up." Furdge did. He was handcuffed and held briefly until more officers came, and learned from other neighbors that Furdge had permission to stay at the home. They apologized to Furdge.
The encounter was captured on an officer's body camera.
Furdge sued. This week, U.S. District Judge James D. Peterson agreed that the first officer's entry was "a clear-cut violation" of Furdge's Fourth Amendment rights against unreasonable search and seizure.
RELATED: A Black man who was arrested in his new house after neighbor called police is suing Monona, officers
The Fourth Amendment reads, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated," without probable cause.
For that reason, Peterson found, the first officer who entered, Jared Wedig, is not entitled to qualified immunity. The officer who arrived a few minutes later, Luke Wunsch, relied on Wedig's presence, and so is only liable for detaining Furdge, not the entry, Peterson said.
While finding the officers' conduct wrongful, Peterson did not agree it was malicious or in reckless disregard of Furdge's rights, so he threw out Furdge's claim for punitive damages.
Furdge had dropped his initial claims of excessive force, and claims against the city. Only the officers remain as defendants.
One of Furdge's attorneys, John Bradley, said, "The decision should remind all police officers in Wisconsin of that fundamental right: In America, police cannot enter a home without a warrant and without probable cause."
Rick Resch, who also represents Furdge, said the next step is to let a jury decide how to compensate him. A trial is set for March.
This was a traumatic incident for Mr. Furdge, Resch said. "Put yourself in his shoes and imagine how you would feel if you were him, one week after George Floyd was murdered, folding your laundry, when police officers storm in, unannounced, and point their guns at you."
Jasmyne Baynard, one of the lawyers representing the officers, said they respect the judge's decision "and appreciate his understanding that the officers’ conduct demonstrated a good-faith effort to protect the community by investigating what they believed to be a possible crime.
"Police officers are often asked to make decisions, based on incomplete and imperfect information, as here," Baynard said.
She noted the city's other responses to the incident, including the prompt release of records and bodycam, the commissioning and release of an outside consultant's review, updating Police Department policies and starting community conversation on race.
Contact Bruce Vielmetti at (414) 224-2187 or bvielmetti@jrn.com. Follow him on Twitter at @ProofHearsay.
Our subscribers make this reporting possible. Please consider supporting local journalism by subscribing to the Journal Sentinel at jsonline.com/deal.
DOWNLOAD THE APP: Get the latest news, sports and more
This article originally appeared on Milwaukee Journal Sentinel: Judge says Monona police violated Black man's rights by entering home
