A recent federal lawsuit alleges that local law enforcement officers unlawfully arrested a man, used excessive force, and denied him necessary medical care after responding to reports of illegal activity near his property. The complaint was filed by Eric Garvey in the United States District Court for the Western District of Wisconsin on April 15, 2026, naming Burnett County, Deputy Sheriff Noah Barker, and Detective Katelyn Barker as defendants.
According to the filing, the incident began on April 10, 2025, when Detective Katelyn Barker and Conservation Officer Holly Carlson from the St. Croix Tribal Police Department approached Garvey’s property to investigate possible tree cutting and brush fires. Garvey objected to their presence, telling them they were standing on his mother’s grave and asserting that their actions violated his rights. As tensions escalated, Garvey recorded the officers with his cell phone while continuing to voice his complaints.
The complaint states that Detective Katelyn Barker told Garvey he was being disorderly and asked him to stop speaking. When he did not comply, she informed him he was under arrest for disorderly conduct. After being told he was under arrest, Garvey left the immediate area but was soon encountered by Deputy Noah Barker of the Burnett County Sheriff’s Department as he walked out of a wooded area with his hands up.
The document alleges that Deputy Noah Barker exited his squad car and shouted at Garvey to put his hands up or risk being tased. Despite Garvey having his hands raised and not resisting, Deputy Barker deployed his taser into Garvey’s body. The complaint describes how Garvey fell forward due to the electrical shock and was physically forced onto his stomach while in a paralytic state. Detective Katelyn Barker assisted in handcuffing him by pressing her knee and hand against the back of his neck.
After being placed in custody, Garvey reported severe pain and inability to see during transport to jail but claims these pleas were ignored by Detective Katelyn Barker. Upon arrival at Burnett County Jail, emergency medical technicians noted elevated heart rate and blood pressure but could not confirm more serious injuries at that time. Despite lacking full medical clearance from EMTs—who refused to authorize jail placement—Detective Katelyn Barker proceeded with booking him into jail after confirming with jail staff based on her account of events.
The filing details further struggles as Garvey reportedly could not walk due to pain; he was carried into the facility by staff while protesting that he was injured. He continued pleading for help until an ambulance was eventually called after he crawled out of the jail facility unable to move further. At Grantsburg Hospital, nurse practitioner Melinda A. Deye diagnosed him with a serious cervical spine injury requiring specialized trauma care; he was airlifted for neurological surgery at North Memorial Hospital in Minnesota.
Garvey asserts ongoing physical disability including episodes of paralysis as well as psychological symptoms resulting from these events. On May 5, 2025, Burnett County District Attorney Kevin Schmidt sent notice that all disorderly conduct and obstruction charges against him had been dropped after reviewing available evidence.
The lawsuit claims violations of First Amendment rights due to alleged retaliatory arrest for criticizing law enforcement actions; Fourth Amendment rights regarding false arrest without probable cause; use of excessive force; and failure to provide reasonable medical care during detention. It also asserts county liability for acts committed within employment scope under Wisconsin statutes but does not allege broader policy violations by Burnett County itself.
Garvey seeks compensatory damages for physical injury, emotional distress, and treatment expenses as well as punitive damages against individual defendants “to deter them and others similarly situated from similar wrongful acts in the future.” He requests trial by jury along with attorney’s fees and any other relief deemed just by the court.
The case is represented by attorney Jeff Scott Olson of The Jeff Scott Olson Law Firm S.C., under case number 26-cv-343.
Source: 326cv00343_Garvey_v_Burnett_County_Complain_Western_District_Wisconsin.pdf
