Civil Rights.
We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.
CIVIL RIGHTS AND POLICE MISCONDUCT
A large and rewarding part of our practice is holding the government accountable when it violates the civil rights of citizens. “Civil rights” can mean different things to different people. To us, it refers to the government overstepping its authority when dealing with citizens. We handle police shootings; police beatings (including wrongful use of tasers); wrongful arrest and search claims; and discrimination in public accommodations.
Madia Law Represents Victims of Police Brutality and Excessive Force in Minnesota, Wisconsin, and North Dakota
We represent victims of police brutality and excessive force in Minneapolis, St. Paul, the Twin Cities, greater Minnesota, and across the states of Wisconsin and North Dakota. Occasionally, we represent clients in other states in collaboration with local counsel.
Most police officers are brave and outstanding public servants who do their jobs with courage and conviction every single day – we owe those officers an enormous debt of gratitude. However, some officers abuse their authority and the trust we place in them by beating someone, macing them, tasing them, shooting them, or even killing them. That’s not right. The law prohibits officers from using excessive force.
Our free society depends on courageous people stepping forward to protect their Constitutional rights. If you were wrongfully arrested, beaten, tased, or maced, you should know that you are protected by federal law and the U.S. Constitution. The Fourth Amendment prohibits unreasonable searches and seizures, which includes excessive force. A federal law called 42 U.S.C. 1983 prohibits the violation of constitutional rights by people acting under color of law, such as police officers.
Madia Law Represents Police Shooting Victims in Minnesota, Wisconsin, and North Dakota
If you have a family member that was shot and killed by police officers, first of all, we are so sorry for your loss and that you are in this position. Nothing that the law does or can do can ever come close to taking away your pain.
But please know that you are protected by U.S. Constitution. If your loved one was wrongfully shot by officers, then you have a cause of action under 42 U.S.C 1983, which allows citizens to sue the government for violations of civil rights.
Generally, officers will argue that they are protected by “qualified immunity” for their actions. That means that, in order to recover, plaintiffs need to show more than the officers were just negligent or didn’t do their job properly. Instead, plaintiffs must show that the officers knowingly violated an established constitutional right.
In shooting cases, that generally means demonstrating that the officers knew they were dealing with someone who did not pose a threat to themselves or others, but the officers opened fire anyway. For example, if officers know that a suspect they are dealing with is unarmed, handcuffed, or otherwise doesn’t pose a threat, but the officers shoot the suspect anyway, they will have a very difficult time arguing that their actions are protected by qualified immunity.
You May Be Entitled to Damages for Pain and Suffering, Emotional Distress, and Attorney Fees
If you have been the victim of police brutality, you may be entitled to damages, including medical bills, lost wages, pain and suffering, emotional distress, punitive damages, and your attorney fees and costs.
Madia Law Gets Results in Police Brutality and Police Shooting Cases.
Police Shooting results in $1.5 million settlement.
Mark Henderson was a hostage held at gunpoint in a room at the Woodbury Red Roof Inn on August 30, 2012. He fled the room and approached Woodbury police officers with his hands raised. He complied with their commands to get on the ground. As he lay unarmed in a prone position approximately 10-12 feet in front of them, the officers shouted conflicting and contradictory commands that even they couldn’t hear or understand. Within seconds, they opened fire and killed him.
Henderson’s family brought a lawsuit against the officers and Woodbury in August 2015. The officers argued that the doctrine of qualified immunity protected their actions. The doctrine of qualified immunity basically says that, in order to be liable for their actions, officers need to knowingly violate an established constitutional right – negligence is not enough. They argued that Henderson didn’t comply with their command to show his hands, and while on the ground, he made a “blading” movement toward them that justified his shooting.
In November 2016, Woodbury brought a motion for summary judgment, asking the district court to dismiss the Henderson family’s case because the officers were protected by qualified immunity. In February 2017, the district court granted Woodbury’s motion and dismissed the case.
We thought the district court erred by not considering crucial evidence, including the officers’ statements from the night of the shooting, where at least one officer admitted that Henderson complied with all officer commands. So we appealed the case to the Eighth Circuit Court of Appeals.
In November 2018, the Eighth Circuit reversed the district court’s opinion and held that the case should go to a jury trial. The Eighth Circuit held that the district court erred by failing to consider the officers’ statements from the night of the shooting, and that a jury could rely on those statements to conclude that Mark complied with officer commands, but was shot and killed anyway.
In April 2019, just weeks before trial, Woodbury settled with Henderson’s family for almost $1.5 million – the full amount of insurance policy limits.
We were honored to represent the Henderson family.
Madia Law Gets Results in Public Accommodations Discrimination Cases.
Public accommodations discrimination suit under Minnesota Human Rights Act gets $150,000 settlement.
Michael Jointer went to the MegaMall to return 2 Columbia jackets that he purchased. Bloomington police officers on duty stopped him in the mall and asked him for his identification, because they thought he looked like a known shoplifter who had been trespassed, another African-American male named James Combs. Jointer produced his drivers license, which showed that he wasn’t Combs.
That wasn’t good enough for the officers. They ran warrant checks on Jointer. The checks came back clean. That still wasn’t good enough for them.
So they asked to search Jointer’s shopping bag. Jointer allowed them to do so. The officers found no contraband or shoplifted items. But that still wasn’t good enough – they asked for Jointer’s receipts for the jackets. He provided them and they matched. That still wasn’t good enough.
The officers then made Jointer walk with them back into Columbia so they could verify his purchases with the store manager. Only after the store manager confirmed that everything was in order did the officers release Jointer. The total length of their stop of Jointer was 6 minutes.
When we first brought the case, Bloomington offered $5,000 to settle. After we deposed the officers and showed how contradictory their explanations were, Bloomington settled the case for $150,000.
We were honored to represent Michael.
Frequently Asked Questions for Minneapolis Police Shooting, Police Misconduct, and Civil Rights Lawyers
It varies by claim, but generally it’s 6 years in Minnesota.
Document everything. Write down exactly what happened after it happens, when it’s fresh in your mind. Get the police report – you can get that easily by just going to the police department and asking for it. If you had any medical treatment as a result of injuries suffered because of police misconduct, make sure to get the hospital records, too. Have a friend take photographs of any injuries that you suffered. To the extent that you can, write down a list of witnesses who saw what happened, along with their contact information. We’ll use that to get a hold of them quickly and get statements. Also, immediately contact the police department (in writing or email) and tell them that you believe you were the victim of police brutality and that you’d like them to preserve any video that exists of the incident. This puts them on notice to preserve the evidence, and if they delete it, you can get an adverse inference instruction to the jury that the officers destroyed evidence that was likely favorable to you.
A trustee for your loved one’s “next of kin” can bring the suit. The trustee can be anyone, but is usually his spouse (if he was married), his kids, his parents, or even his siblings. There is a statutory process to have the next of kin appointed as Trustee. The Trustee then brings the lawsuit on behalf of the deceased’s next of kin. If and when there is a settlement or jury verdict, the Trustee proposes a distribution of the funds amongst the next of kin, but the Court makes the final determination as to how much each family member gets.
This depends on a lot of things. First, the most important variable is the strength of liability: can we prove that police officers broke the law? Are there witnesses or videos of what happened? And can we show that the officers knowingly violated your constitutional right? Second, if your case is strong on liability, the next variable is damages – how were you injured by what happened? Both federal and state law allow you to recover for pain and suffering, emotional distress, and wage loss damages. You can also seek punitive damages and attorney fees and costs. Third, the value of your case depends on your risk tolerance. If you’re willing to wait for payment, proceed through litigation all the way up to and through trial, then your case is worth a lot more than someone who has a much lower risk tolerance and wants payment soon.
Contact Our Minnesota, Wisconsin, and North Dakota Police Brutality Lawyers Today
You must act quickly when it comes to filing a claim for police misconduct. If you wait, strict statutes of limitation will bar you from filing your claim. Call Madia Law today to discuss your case.
THE MADIA LAW WAY
We have a process that works in getting exceptional results for our clients.
We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely. We interview witnesses that can help us prove the case. We’ll ask you for all relevant documents in your possession and review those carefully as well. We also will spend some time conducting legal research about unique issues in the case. We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial.
Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward. Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.
If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit. Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required. We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points. Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims. A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations. Of course, by that time, the price for settlement has gone up.
Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions. Not us. Written discovery is a gift and an opportunity. We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case. Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections. We view this as a wonderful opportunity. In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on. We also use Requests for Admission – which many lawyers don’t. The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts. We send them RFAs that are very difficult for them to deny. Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true. And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA. That’s a great situation that leads to more chaos and confusion on the defense side.
One last point on written discovery – we send multiple waves of it throughout discovery. We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery. This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses. This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.
This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible. So the witness has to either lie to support the defense, or admit it’s not true. That’s a dilemma that works for our clients either way, no matter which option the witness takes. We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is. We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.
The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases. We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery. We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.
Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.
After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.
This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries. We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials. At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct. As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.
What Our Clients Say
Madia Law delivers!
Competence, I demand competence. Ashwin and Zane digested all the elements of my case, a complex case with a plethora of moving parts yet distilled it down to its essence. Don't be a victim, stand strong, keep your nose clean and give Sara a call at Madia Law.
If you’re reading this, it’s awful that you are in a position right now where you are online searching for an attorney. I searched online as you are perhaps doing now, read some reviews and settled on an attorney after doing some research. I’ll never forget how blown away I was after my first meeting with Ashwin Madia. I was fortunate to have this man represent me. . I am eternally grateful.
No need to search any longer. You’ve found the right lawyer.
I was referred to Ashwin Madia when it became evident that my case was going to jury trial. He is definitely an expert as a trial lawyer. I found him to be very straightforward, no nonsense, a clear communicator, and I was pleased with the outcome he brought at trial. I would recommend him, and I would go to him again to represent me if the need ever arises.
I would encourage you to spend some time reading Mr. Madia's impressive bio. If that doesn't have you convinced, I will tell you that as someone who spent over 19 years in law enforcement, I have never seen a better trial lawyer than Ashwin. His passion, expertise, ethical commitment, and his incredible memory of the facts, were some of the major reasons I prevailed in my discrimination lawsuit against my employer.Thanks again!
I was referred to Ashwin Madia by a friend, who is also a lawyer. Mr. Madia and his partners dove into my case and prepared for trial in three weeks. Madia Law Firm markets itself as a "trial" driven law firm, and it did not disappoint. Mr. Madia overwhelmed opposing counsel, and after 5 days of trial, the jury ruled in my favor.
My wife, who has been a trial attorney for over 20 years, described Madia's trial work as "amazing," and described his closing argument as one of the best she had ever seen. I highly recommend Madia Law.
I have the utmost respect for Ashwin Madia. Ashwin is professional, knowledgeable, sharp, and genuine. After three years of litigating against my employer, I found myself financially and emotionally drained.
I was ready to give up.
Just five weeks before trial, Ashwin agreed to take on my case and did an amazing and spectacular job at trial! We won! I am so thankful there are people like Ashwin in this world. From the bottom of my heart, thank you!
After being referred to Ashwin Madia I wasn't sure what to expect. Many times in the past I felt unsure of myself. I knew I wanted justice but many times in the past I've had to just walk away. This time was different; if you have the opportunity to get Ashwin Madia to represent you, I know you will have the ammunition you need to defeat your opposition to get the justice your seeking.
This is a spectacular attorney with the understanding of the rights and feelings of others, with the willingness to protect and stand up for those that may not have a voice. I thank you so much Mr. Madia.
Joshua Newville is a brilliant and tenacious attorney. When I met with him, I was close to giving up hope that I would find a solution with my employer, which is a large company with a General Counsel. Josh said he'd take on my case. He then got my employer to agree to mediation, an avenue it had previously refused while it engaged in delaying tactics for years. The fact that Josh brought them to the table was a feat in and of itself. Josh, along with lawyers from Gender Justice, fought to obtain an equitable settlement and to ensure that the issues of wrong-doing were addressed through policy changes within the company. I am incredibly grateful to have had Josh advocate for me. He is skilled, determined, and motivated to get justice for his clients.
I would highly recommend Madia Law. My experience with attorney Joshua Newville and legal assistant Sara Ion exceeded my expectations! I had a need for employment-related legal experts, and I explored three other firms before an attorney friend recommended Madia Law. My initial consultation with Joshua was superb, and throughout the entire process I felt heard and understood. My one regret was not contacting them sooner, as one important deadline had passed. Despite that, our result was far better -- and quicker -- than any of us expected. Thank you Joshua, Sara and Madia Law!
Aswhin is an incredible trial lawyer. When we realized that a claim against our business was definitely going to a jury trial in federal court we switched counsel to Ashwin and his team. At the 11th hour they got spun up on the facts and the law (intellectual property) and delivered an amazing performance against a huge "downtown" law firm. From the beginning of his opening statement it was clear that we made the right choice.
I can't recommend Madia Law highly enough.
I worked with Madia Law for three years on multiple, complex cases. A challenging and emotional situation was handled with professionalism, tenacity and frequent communication by Mr. Newville. I can't speak highly enough about Mr. Newville's ability to quickly understand complex technical issues and synthesize them into strong arguments. I would not hesitate to contact Madia Law in the future should the need arise!
If I could give Joshua Newville with Madia Law 10 stars I would! Josh explained exactly WHAT he intended to do, and the outcome he hoped could be achieved as well as each scenario in between.
Honestly I thought it all sounded too good to be true.
Josh approached the other party in my case with civility and solutions versus aggression and hostility. I feel confident this influenced the other party’s willingness to work for a mutually agreeable solution. If you need someone to fight for your best interest in a work situation, you won't find ANYONE who will do a better job!
Joshua Newville is a bright star to watch. During the handling of our case, he was thorough and highly competent. We were extremely satisfied with the outcome of Josh’s hard work on our behalf. Josh was excellent in communicating information and always promptly responded to correspondence we initiated. Josh had an exceptional grasp of the complexities involved in our case and was current on evolving national rulings/events and resulting implications for our situation. I highly recommend Madia Law.
Ash is an amazing Lawyer! He gave us great advice but still made sure the decision at the end was ours. He was willing to fight for us and did a wonderful job. I could not be more pleased with the outcome and I recommend him highly to anyone in the need of a lawyer. Ash was so smart and did such a great job of helping us understand the process and make sense of it all. He is not only extremely good at his job but he is also a great person. He lets his guard down and by the end of the process he felt more like a friend who was fighting for what was right! I can not say enough good things about him!
Attorney Zane Umstead recently represented my family's interest in a difficult legal situation. He was quite effective and direct in dealing with the opposing party; yet to us he was very kind, thoughtful and courteous. He even generously offered to waive his entire legal fee after spending a generous amount of his time working hard on the case, if we elected not to bring the conflict to a conclusion. His integrity is exemplary and he makes his profession respectable. We highly recommend Attorney Umstead with great enthusiasm.
What can I say about Madia Law, working with Zane and Cody was a privilege, working with Ashwin was a honor. This firm shows great appreciation and care to their clients. I wish nothing but success to all of them.
The future of Madia law is bright and prosperous.
Thank you again for believing in me and showing the little guy counts.
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