A Kenosha man who was wounded by a rubber bullet while demonstrating Aug. 24 has filed a civil rights lawsuit against law enforcement officers he says were acting under invalid curfew orders.
Randall Delaney, 33, says he was peacefully demonstrating at Civic Center Park when he was shot in the leg by a rubber bullet and subjected to tear gas.
The suit names Kenosha County Sheriff David Beth and several unknown deputies, Kenosha Police Chief Daniel Miskinis and five unnamed officers, the city and the county as defendants.
Protests and civil unrest started in Kenosha soon after Jacob Blake, 29, was shot in the back by Kenosha Police Officer Rusten Sheskey on Aug. 23.
Delaney’s suit states that neither city nor county officials with the authority to declare an emergency because of the conditions — which included arson and looting — acted to do so, and that curfews declared by Beth and Miskinis were invalid.
“Under the guise of these curfew orders, Sheriff Beth and Chief Miskinis directed and encouraged subordinates to attack peaceful demonstrators with rubber bullets and tear gas because they were expressing opposition to police violence and racist policing practices,” the suit states.
Delaney says his injuries from the rubber bullet prevented him from continuing his protest, in violation of his First Amendment rights, and that use of the bullet amounted to excessive force in violation of the Fourth Amendment.
He seeks unspecified damages and an injunction against future use of rubber bullets and tear gas against protesters.
His attorney, William Sulton of Milwaukee, said Delaney was not arrested or charged with any crimes but was dragged from the scene by Good Samaritans and is recovering after having his wounded leg immobilized.