A local resident claims her constitutional rights were violated when police officers arrested her as she attempted to prevent tree removal near her home. The complaint was filed by Karolyn Kafer in the United States District Court for the Eastern District of Wisconsin on March 24, 2026, naming Officers William Paszkiewicz, Brenna Goodnature, other unknown John Doe officers, and the City of Waukesha as defendants.
According to the filing, Kafer had previously communicated with city officials about preserving trees along her lot line. She states that she purchased her property in part because of its landscaping and invested significantly in maintaining its natural privacy. Kafer alleges that city officials assured her no trees or landscaping would be removed behind her property without prior notice.
The incident at the center of the lawsuit occurred on March 27, 2024. Kafer reports that while working from home she heard chainsaws behind her house and observed a private tree company preparing to cut down trees along her lot line. After speaking with the crew leader—identified as Witness Drake—and requesting a pause in work so she could contact the Forestry Department, Kafer says she stood briefly in front of equipment to get another worker’s attention before moving to the shoulder of the road to make a call.
Kafer asserts that when police arrived she was standing away from workers and explained the situation while on the phone with forestry officials. She told officers that a city official was en route to address the matter. According to the complaint, after moving onto her own property at a distance from contractors and without making threats or causing disruption, Officer Paszkiewicz gave Kafer an ultimatum: go inside or be arrested. When Kafer questioned this order’s lawfulness, Paszkiewicz allegedly entered her property, physically restrained her, took her to the ground, and arrested her.
The lawsuit claims Kafer had not committed any crimes at any point during these events but was nonetheless charged with several offenses including disorderly conduct—a misdemeanor. The filing states there was no probable cause for these charges. On April 1, 2025, following testimony from both defendant officers at trial, a jury found Kafer not guilty and Judge Paul F. Reilly entered a judgment of acquittal.
Kafer’s complaint includes multiple counts: false arrest/unlawful seizure; excessive force/failure to intervene; malicious prosecution under state law; indemnification; and respondeat superior liability for municipal responsibility. She alleges that defendant officers detained and arrested her without justification or probable cause in violation of constitutional protections. The suit further claims their actions were intentional and reckless: “Said actions of Defendant Officers were intentional, willful and wanton and committed with reckless disregard for Plaintiff’s rights.” It also contends their conduct caused emotional anxiety, fear, loss of liberty, monetary expense, pain and suffering.
In addition to alleging excessive force during arrest—”the actions of Defendant Officers as set forth constitute excessive force… thus violating [Plaintiff’s] rights under the United States Constitution”—the suit accuses officers of failing to intervene against such conduct by their colleagues. The complaint also asserts malicious prosecution: “Defendant Officers willfully… initiated legal proceedings against Plaintiff… without probable cause,” leading to emotional and financial damages after proceedings ended in Kafer’s favor.
The plaintiff seeks compensatory and punitive damages against individual defendants jointly and severally for all alleged harms suffered—including violations of constitutional rights—as well as attorneys’ fees and costs associated with litigation. Should any individual officer be found liable on one or more claims at trial, Kafer requests that the City of Waukesha be held responsible for any resulting compensatory judgments under Wisconsin statutes regarding indemnification and respondeat superior liability.
Kafer is represented by attorney Jon Neuleib (WI Bar 1072016) from Erickson & Oppenheimer Ltd., Chicago. The case is identified as Case No. 26-cv-479.
Source: 226cv00479_Kafer_v_Officer_Paszkiewicz_Complaint_Eastern_District_Wisconsin.pdf
