[I]"HE has combined with others to subject us to a Jurisdiction foreign to our Constitution, and
unacknowledged by our Laws; giving his Assent to their Acts of pretended Legislation:
FOR protecting them, by a mock Trial, from Punishment for any Murders which they should commit on
the Inhabitants of these States:"[/I] - From the Declaration of Independence
Suit over SWAT team error thrown out
By TOM KERTSCHER
of the Journal Sentinel staff
Last Updated: May 6, 2001
A judge has thrown out a lawsuit filed by a woman who wanted $10,000
for damage and stress she said she suffered when a sheriff's SWAT
team mistakenly broke down her door while serving a search warrant.
Attorneys had predicted that Jennifer Switalski's chances in court
wouldn't be good. But the 27-year-old said Saturday that she plans
to try to revive the case.
As part of a drug investigation, sheriff's deputies obtained a
search warrant for a home in the 300 block of N. 31st St. in the
Merrill Park neighborhood on Milwaukee's west side. They showed up
at Switalski's duplex about 6:30 a.m. Feb. 2, 1998.
No one answered a knock at the door, so the SWAT team smashed it
open, handcuffed Switalski's two tenants and threw them to the
floor as a crying 2-year-old girl watched. A few minutes later,
the deputies realized that the house they had meant to search was
three doors to the south.
Switalski, who lived in the upstairs unit but wasn't home at the
time, filed a claim with the county seeking $10,000 for damage,
lost rental income and "lost sleep and peace of mind." After the
county rejected the claim, she sued last February in Milwaukee
County Circuit Court.
The county, which had offered Switalski $1,100 for damage to the
door but did not want to pay for other alleged damage, asked
Circuit Judge Stanley Miller to throw the case out. [B]He granted the county's
request, ruling that the Sheriff's Department has immunity for its
actions under the law.[/B]
Switalski's lawyer, Stephen Needham of Milwaukee, declined to
comment.