MILWAUKEE, Wis. (WTAQ) - The city of Milwaukee says it should not be liable for an on duty police officer who joined off duty officers in beating Frank Jude. Joseph Schabel denied for months that he had a role in the 2004 attack, until he finally admitted stomping on Jude’s head before arresting him. Schabel and 6 other former Milwaukee police officers were convicted in federal court of violating Jude’s civil rights when they beat him outside a house party. Schabel is serving just under 3 years in prison. Jude has been trying for 3 years to get punitive damages from the city and the officers – but the city said Schabel was not acting as an officer at the time because he broke the law. And they said they didn’t have to defend Schabel because he lied for months about his role in the attack. Jude’s attorney filed a legal response calling the city’s position “preposterous” – and that Schabel was paid for the time he stomped on Jude’s head, while requesting overtime pay to boot. Over a dozen depositions have been taken in Jude’s federal lawsuit, but there’s still no trial date. The case is before Federal Judge Lynn Adelman.
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