Democrat state rep who marched with mob of protestors to officer’s home sues city for “emotional distress” from arrest
By Jenna Curren | Law Enforcement Today | May 27, 2021
WAUWATOSA, WI- A Wisconsin state representative who marched with a mob of protesters to the home of a Wauwatosa police officer has begun the process of filing a $1 million lawsuit against the city and local police department.
Seriously? – Rep. David Bowen Seeking $1 Million From Wauwatosa for ‘Emotional Distress’ https://t.co/DbP6Ni2B7g via @wisconsin_now
— Call Me Mom (@Call_Me_Mom) May 18, 2021
According to reports, Representative David Bowen (D-Milwaukee) routinely marched with protesters through the streets of Wauwatosa in 2020 and is now suing for the “emotional distress” he alleges he suffered as a result of one of the many marches he took part in.
One of the marches, which took place on August 8, 2020, Bowen and his fellow protesters congregated outside a home belonging to the girlfriend of Wauwatosa Police Officer Joseph Mensah.
During this protest, the group, estimated to be between 50 and 60 people, began to vandalize the home, injuring Mensah and his girlfriend in the process. The woman’s children were inside of the residence during the protest.
At the time of the protest, Officer Mensah was on administrative leave after the family of a man killed in a justified officer-involved shooting in 2016 demanded the investigation be re-opened because the same officer had just fatally shot another armed suspect.
That shooting was also ruled justified. However, on August 8th, members of a violent mob made an attempt to take Officer Mensah’s life. Police said that after protesters began vandalizing his girlfriend’s home, Officer Mensah attempted to talk to them.
He was never detained, never handcuffed, never charged. Still, Wauwatosa police listed Wisconsin state Rep. David Bowen as "arrested."@DavidFBowen says it never happenend.https://t.co/AIOdxjZsX8
— Jason Calvi (@JasonCalvi) February 19, 2021
Members of the mob proceeded to assault Officer Mensah before he was able to escape back into the home. Just as he got inside the house, someone in the angry mob fired a shotgun at the back door behind him.
Reportedly, although he was there, Bowen refused to provide police with a statement about the violent incident. Then, a month later, on September 17th, 2020, Bowen joined up with People’s Revolution leader Khalil Coleman for another march that police described as “increasingly disorderly, agitated, and at times, violent.”
In February, Bowen told the media outlet:
“I go to Black Lives Matter protests to ensure that citizens and their right to protest are respected and treated fairly.”
Wauwatosa Police Department (WPD) dash-cam footage showed Bowen, Coleman, and other protesters continuing to march even after officers used an intercom system to alert the mob that the gathering had been declared an “unlawful assembly.”
The group refused to disperse after three lawful orders were given by police. The report stated:
“Two identified participants will have charges referred to the Milwaukee County District Attorney’s Office for unlawful assembly- Khalil Coleman and David F. Bowen.”
New Videos Show Rep. David Bowen at Violent Mensah Scene; With Toilet Paper https://t.co/Cznrp0Kx6J
— Badgerlvr (@Badgerlvr) February 8, 2021
The case was referred to the Milwaukee County District Attorney’s Office to file charges of unlawful assembly against Bowen and Coleman, but WPD later dropped the referral.
Now, the lawsuit is declaring that because the WPD report referred to an “arrest” of Bowen and included a “booking number” even though he had never been taken into custody, the WPD had reported a “fake arrest.”
Civil rights attorney Kimberly Motley, who is representing Bowen, said on a statement:
“It’s bad enough that people of color in the city of Wauwatosa stopped by police have to worry about real arrests. Now people of color have to worry about these ghosts arrests. It is corruption. Period.”
WPD Chief Barry Weber said that the “arrest” label is “administrative and procedural.” He noted:
“When Wauwatosa Police Department personnel issue a non-traffic citation or refer subjects to the Milwaukee County District Attorney’s Office for a charging review, they are listed in the incident report as ‘arrested.’”
He added:
“A sub-category in the ‘arrest entry’ indicates whether the subject was physically arrested and processed (on-view arrest), summoned/cited (not processed), referred for a ‘prosecutor review,’ or ‘taken into custody.’”
Even so, Bowen has argued that the report’s verbiage has caused him “emotional distress,” resulting in him filing a “notice of state law claims” against the WPD and the City of Wauwatosa. He stated:
“Those are very dangerous allegations to try to make for someone that is in a leadership position and is black!”
Bowen said that the WPD and the city caused him both “negligent and intentional infliction of emotional distress, battery…and conspiracy to commit the claims provided.” Bowen is see[k]ing $1 million in damages.
