Cary Estate Files Federal Lawsuit against City of FDL, FDL Police

The estate of a man who died in police custody in the
City of Fond du Lac has filed a federal lawsuit against the City, Fond du Lac
Police and paramedics – saying the man’s rights were violated due to
unreasonable search and seizure. The lawsuit was filed Monday by the estate of
Christopher L. Cary, of which his daughter Braelyn is the special
administrator. Cary died December 23rd, shortly after a traffic stop
near Division Street and Main Street in Fond du Lac. Cary exhibited signs of
medical distress while in the back of a police squad car and was taken to St.
Agnes Hospital where he died. Investigative findings by District Attorney Eric
Toney said Cary had ingested cocaine in an attempt to avoid being caught with the
drugs. It was found Cary died from “Acute Cocaine Toxicity”. Read the full report from the District Attorney’s Office here

Three police officers involved in the stop – Officer
Sandra O’Donnell, Officer Brandon Meudt and Officer Trenton Smith – were placed
on administrative leave after the incident. They returned to duty in January. The
lawsuit says the traffic stop – that was originally made for failing to have a
license plate properly displayed – was “unconstitutionally extended” for an “unrelated
narcotics investigation”, and that the officers failed to call for help or
drive him to a hospital, and that paramedics also failed to assist Cary. The
suit also alleges the defendants conspired to deprive Cary of his
constitutional rights. His estate is asking for a judge to rule in its favor
and award compensation for damages, attorney’s fees and punitive damages.