How do I sue police for misconduct in Wisconsin?

1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law.

2. Qualified Immunity. The Seventh Circuit applies federal QI under Saucier/Pearson. State-court state-law claims are not subject to federal QI.

3. Wisconsin State-Law Alternative. Wisconsin has not abolished QI and has no statutory civil-rights act parallel to § 1983. Wis. Stat. § 895.46 indemnifies officers acting in the scope of employment. Common-law assault, battery, and false-arrest claims remain available subject to § 893.80 caps and notice.

4. Monell Liability. A municipality is liable under § 1983 only when an official policy, custom, or failure to train caused the constitutional violation.

5. Statute of Limitations. Section 1983 borrows Wisconsin's 3-year personal-injury SOL (Wis. Stat. § 893.54). Section 893.80 imposes a 3-year SOL for tort claims against governmental units with a $50,000 damage cap.

6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment for post-conviction abuse; Fourteenth Amendment due-process and equal-protection violations.

7. Damages. Compensatory and punitive damages under § 1983 (punitives only against individual officers), plus 42 U.S.C. § 1988 attorney fees. State-law damages capped at $50,000 per § 893.80(3).

8. Notice of Claim. Wis. Stat. § 893.80 requires written notice within 120 days of the event before suing a governmental unit on a state-law claim; § 1983 federal claims have no notice requirement.

9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).

This is legal information, not legal advice.