Mount Pleasant police sergeant who killed 18-year-old faces separate lawsuit for 2013 incident

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MOUNT PLEASANT, Wis. -- Two months after the shooting and death of 18-year-old Ty'Rese West, a different man alleges that the same police officer who shot West pulled him over and unreasonably attacked and tased him six years ago.

In the early morning hours of Sept. 3, 2013, squad car dash camera video depicted a violent encounter between Mount Pleasant Police Sergeant Eric Giese and driver Michael Kowalczuk.

The two began scuffling on the ground. Kowalczuk kicked Giese in the stomach and groin. Giese punched Kowalczuk's head and deployed a taser at him twice to get Kowalczuk under control.

Kowalczuk was ultimately convicted of felony battery of an officer, misdemeanor resisting arrest and bail jumping. He was also cited for operating while intoxicated (OWI). Giese, meanwhile, remained on the force, eventually being promoted to sergeant.

Six years later, Kowalczuk is seeking damages against Giese and the Village of Mount Pleasant.

He alleges, in a lawsuit filed this August, his constitutional rights were violated that night. He suffered multiple broken bones in his face as a result of the fight with Giese.

Attorneys for Giese and the Village have filed a counter motion to dismiss, arguing that Giese acted reasonably given Kowalczuk's behavior and that Kowalczuk has already taken responsibility for what happened, pleading no contest to charges.

Kowalczuk's lawyer says that, just because his client admitted wrongdoing, doesn't mean that Giese wasn't wrong, too.

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