Sussex man sues Waukesha deputies over traffic stop arrest

A Sussex man is suing Waukesha County Sheriff‘s deputies in federal court, claiming he was unlawfully arrested during a traffic stop.

Napoleon Jones was arrested and jailed for five hours on May 4, 2025, after refusing to provide identification to a deputy during a traffic stop in Sussex, according to the lawsuit filed on Dec. 1 in the U.S. District Court of Eastern Wisconsin.

Jones was stopped by Waukesha County Sheriff’s Deputy Brandon Shayhorn in a private parking lot in Sussex after Jones was filming a traffic stop Shayhorn was making on another vehicle, according to the lawsuit.

Shayhorn said he stopped Jones because Shayhorn could not see the license plates on Jones’ vehicle.

According to the lawsuit:

Jones was filming an unrelated traffic stop on May 4 in Sussex. Shayhorn, who was the one making the stop, was recorded on video giving Jones a nasty look, “mean mugging” him.

Shayhorn then drove his squad car into the private parking lot where Jones was. Jones entered his vehicle and drove toward the parking lot exit. As Jones did so, Shayhorn pulled behind Jones’ vehicle and put on his emergency lights.

Shayhorn said he stopped Jones because Shayhorn could not see the license plates on Jones’ car, which was a brand-new vehicle. Shayhorn conducted a check of the temporary plate, which was found to be valid, and gave Jones a warning for the improper display of registration.

Shayhorn demanded identification from Jones, but Jones refused, asking for a supervisor and saying he would provide identification once a supervisor arrived. Shayhorn denied he needed to call a supervisor and continued to demand Jones provide his driver’s license while Jones repeatedly refused and requested a supervisor.

Shayhorn and his partner Brett Kromrey, also a deputy with the Waukesha County Sheriff’s Department, forcibly removed Jones from his car, handcuffed him and transported him to jail without probable cause, without advising him of his rights and without allowing him to make a phone call.

Jones was arrested on charges of resisting an officer by not providing identification and booked at the Waukesha County Jail.

According to a memo from Waukesha County Sheriff’s Lt. Kent Krause, Shayhorn never observed Jones driving on a public road and only a few traffic laws could be enforced on private property. Therefore, the charge of resisting an officer by not providing identification could not be enforced, so Jones was released from jail.

When asked about the lawsuit, the Waukesha County Sheriff’s Department declined to comment but provided a released statement: “Because this matter involves pending litigation, we are not able to comment on the specific allegations or the parties’ claims,” Waukesha County Sheriff’s Lt. Nicholas Wenzel said in an email to the Journal Sentinel. “This is our standard practice to protect the integrity of the legal process. That said, we fundamentally disagree with the claims made in the lawsuit.”

Jones’ attorney, civil rights attorney Nathaniel Cade, said Jones was filming because Jones thought it was unusual to see a Lisbon police car doing a traffic stop in Sussex. (The Village of Lisbon contracts with the Waukesha County Sheriff’s Department to provide law enforcement services to the village.)

In addition to Shayhorn and Kromrey, other defendants named in the suit are Waukesha County, the Village of Lisbon, the defendants’ insurance providers and unnamed employees of Waukesha County.

According to the lawsuit, Jones’ constitutional rights were violated under the Fourth and 14th amendments.

The Fourth Amendment protects people from unreasonable searches and seizures by the government, and the 14th Amendment guarantees citizens equal protection of the laws and due process of law.

According to the lawsuit, Jones was triggered by the incident because he is a Navy veteran who suffers from diagnosed PTSD and is on disability. He had to seek additional psychiatric support and intervention as a result of the incident.

Cade said that there was no basis for Shayhorn to approach Jones.

“There was nothing suggesting probable cause,” Cade said. “I think at the end of the day, the deputy did not know the rules and regulations.”

“The only thing is Mr. Jones is Black … a Black guy in Sussex, driving a BMW, filming him,” said Cade. “OK, draw your own conclusions.”

Cade emphasized it was a new BMW and that it was not a “junk car” with a fender falling off or tinted windows.

“He saw Mr. Jones filming him, and decided I’m going to show him who’s boss,” he said. “If it gets to the point where officers can get upset that they are being filmed, then the First Amendment does not apply.”

Cade emphasized that there are a lot of good officers out there. “A vast majority are good…You don’t get to have a bad day. If you don’t like being filmed or videotaped, then don’t do the job.”

According to the lawsuit, Jones is seeking damages including physical discomfort, emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life, in an amount determined by a jury, along with attorney fees.