Board to vote on settlement for man beaten in police custody

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An Oshkosh Correctional Institution inmate who was beaten by a former Milwaukee County Sheriff’s Office sergeant during an arrest may get paid more than $100,000 as part of a settlement between him and Milwaukee County.

The settlement would go toward the medical bills and attorney’s fees of Ray Calderon, 38, who was repeatedly punched and hit by former Sgt. Scott Krause while Calderon was handcuffed and in the back of a squad car in October 2009 at the county’s Criminal Justice Facility.

The entire ordeal was caught on video.

Calderon’s suit, filed in federal court last October, says the impetus behind the beating was Calderon’s pleading to use the restroom and tapping his foot on the squad car’s window.

Krause, 42, pleaded no contest to battery and misconduct in office in January 2010 and was later sentenced to 18 months in prison. He was also fired from the Sheriff’s Office.

The county’s Judiciary, Safety and General Services Committee unanimously approved a $110,000 settlement at its Sept. 12 meeting. The Board of Supervisors is expected to address the issue at its Sept. 26 meeting.

Jonathan Safran, Calderon’s attorney with Samster, Konkel & Safran S.C., said his client felt like “he wanted to get this case over with.”

He noted that the measure still had to be approved by the board and County Executive Chris Abele, but he said he and his client were ”glad we could reach what could be an amicable resolution.”

According to a memo from Acting Corporation Counsel Mark Grady, the settlement was proposed and reached, in part, because Calderon is serving a prison sentence for drug charges in Ozaukee County, which “is likely to influence a jury with respect to an award of damages, but … it may not affect a jury’s view of liability against the county.”

The memo also states Calderon’s attorney fees totaled about $50,000. His medical bills for injuries to his face and back totaled about $18,000, the memo reads, and Calderon also “claims significant emotional injuries and has received psychological treatment.”

If approved by the board, the county’s insurance company, Wisconsin County Mutual Insurance Corp., would pay the settlement.

Committee Chair Theo Lipscomb said Thursday that he expects the board to approve the settlement.

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