50 People Sue Wauwatosa Over Handling Of Mensah Protests

WAUWATOSA, WI— Fifty people are suing Wauwatosa, Police Chief Barry Weber and Mayor Dennis McBride over the way it handled protests in October.

The protests were after authorities announced that Joseph Mensah, who was involved in the shooting deaths of three people of color in the last five years, would face no charges for the fatal shooting of Alvin Cole, a Black teenager, according to court documents.

The lawsuit claims that the emergency order for the curfew was unlawful and violated the constitutional rights of protesters.

The lawsuit also claims that the police department and “other operational partners” responded to the demonstrations with “brutal, violent and unconstitutional tactics," according to court documents.

Cole’s mother, Tracy Cole, is among the 50 plaintiffs who claim they were ticketed, arrested or harassed in Wauwatosa for protesting.

Mayor Dennis McBride released a statement.

“There is no factual or legal merit to the allegations in the amended complaint, and we expect to prevail.”

In early October, Mensah learned he will not face charges in the fatal shooting of 17-year-old Cole at the Mayfair Mall in February. Milwaukee County District Attorney John Chisholm released the following statement:

"There is sufficient evidence that Officer Mensah had an actual subjective belief that deadly force was necessary and that belief was objectively reasonable," Chisholm said in a 14-page document addressed to Wauwatosa Police Chief Barry Weber. "I do not believe that the State could disprove self-defense or defense of others in this case and therefore could not meet the burden required to charge Officer Mensah."

Mensah has since resigned from the police department and was hired as a Waukesha County Sheriff's deputy.

A state of emergency and a curfew was imposed in the city of Wauwatosa following the decision. Protests and unrest followed for over five days. On Oct. 8, Cole's mother and other siblings were arrested by Wauwatosa police.

The arrests came after police enforced the 7 p.m. curfew. Tracy, Taleavia and Tristiana Cole were arrested after 9 p.m. near Wauwatosa and Milwaukee avenues.

Protests continued after the curfew was lifted on Oct. 12. A clash between Wauwatosa Police and protesters was caught on camera Oct. 13 near North 65 Street and West Meinecke Avenue. A 28-year-old West Allis was arrested and two officers suffered minor injuries. The video which has been shared on social media shows an apparent arrest of a bicyclist and a struggle.

In February Weber announced his plans to retire in June.

Writing and Reporting from the Associated Press was used for this report.