New lawsuit filed in Milw. Police Dept. strip searches case

MILWAUKEE (WITI) -- The illegal strip search controversy surrounding the Milwaukee Police Department is growing -- after another lawsuit is filed Monday, November 11th. This time, a man claims police violated him, and then dumped him out of his wheelchair.

In a lawsuit filed Monday, a man claims he was "groped" by Milwaukee police, hit "in the head with a flashlight" and dumped "out of his wheelchair."

The suit says the man is "a paraplegic" who was arrested on drug charges that were "ultimately dismissed."

"There's a level of embarrassment and shame and humiliation. It's time for the brutality to stop in this town," Attorney Robin Shellow, who filed the lawsuit, told FOX6 News.

Shellow filed the suit on behalf of 32-year-old Carlando Mukes.

The complaint says Mukes was in a parking lot on Teutonia Avenue around midnight in June of 2008 when Officer Michael Vagnini and Officer Paul Martinez pulled up.

The suit says Officer Vagnini asked Mukes what he had on him, and Mukes "raised his arms," saying he had nothing.

Officer Martinez then patted Mukes' pockets, and found $50, which the officer called "drug money."

The complaint says Officer Martinez then "reached his hand inside Mukes' adult diaper and groped him" while looking for drugs.

Officer Martinez then showed drugs to Mukes, who said "the drugs were not his."

"He was searched and fondled and groped," Shellow said.

The lawsuit says former MPD Sgt. Jason Mucha was also there, and "stood by watching."

In June, Officer Vagnini pleaded no contest to illegal rectal searches and misconduct in office -- and was sentenced to 26 months in prison.

Since then, lawsuits over strip searches have been piling up in federal court.

"We filed a couple of dozen and there are about that many in the pipeline," Shellow said.

A spokesman for MPD says the department does not comment on pending litigation.

Vagnini was sentenced to 26 months in prison and 34 months of extended supervision on June 21st in a separate case.

Vagnini made a plea deal in April. As part of the plea deal the sexual assault charge was dismissed and Vagnini will not have to register as a sex offender. With this deal, Vagnini will never be a police officer again.

Sgt. Mucha has not been criminally charged in any case. Nor has Officer Martinez.