A 24-year old security contractor was arrested driving back from a bathroom break while providing security for an NBC news crew on August 30, 2020 during the Kenosha Riots. This is, according to a Federal lawsuit she filed recently in the Eastern District of Wisconsin.
According to the complaint, Miller was hired as personal security for a reporter, Stephanie Haines, and videographer Rob Berres that were covering the Kenosha Riots on August 30, 2020 near the Kenosha Dinosaur Museum. Miller had to use the washroom and drove to a nearby gas station. She says on her way back at about 8pm, she was stopped by Kenosha Police in the 5000 block of Sheridan Rd. There were at least three unmarked squad cars and 6-8 officers including federal agents. The first officer told her she was being stopped for a curfew violation. She then told the officer that she was on the clock, providing security for a media organization that exempted by law enforcement officials. The suit states that the officer then pivoted to say that she was driving recklessly and that was the reason for the stop. She responded by pointing out her 4K dash-cam that was rolling. The officer never again brought up the reckless angle. She was then arrested and she and her vehicle were searched without her permission. Her shirt was pulled up exposing her breast area in view of several male officers. She was carrying a firearm in the course of her job and she had the proper licenses to do so. Police took thousands of dollars in security equipment and still have custody of all of these items. They also took her dash cam, which was attached to the windshield presumably. Miller goes on to detail her being booked into the jail and questioned for hours by two FBI agents. They questioned if she was involved with “Antifa” or other domestic terror groups. She was released the next morning after posting a $205 bond for violating curfew, a non-criminal citation. She did plead not-guilty to the ordinance violation and the case is still pending in Kenosha County Circuit Court.
Like similar lawsuits being litigated, Miller is asserting that the curfew was not legally declared. She claims the Mayor and Sheriff ordered their officers to arrest folks anyway, violating the US Constitution’s fourth and fourteenth amendments.
Miller is seeking:
- A declaratory judgement from US Magistrate Judge Stehpen Dries declaring the defendant’s – Sheriff Beth, Mayor Antaramian, and The City of Kenosha violated her civil rights.
2. An order barring the defendants from enacting another false curfew.
3. Undisclosed monetary damages
4. Her property back
5. Attorney’s Fees
City and Sheriff’s Response
Reached by phone, Kenosha City Attorney Ed Antaramian told us he can’t comment because he was unaware of the lawsuit.
We didn’t immediately hear back from the Sheriff’s department.
Statement from Miller’s Attorney
Reached by email, Miller’s attorney, Brady Henderson out of Milwaukee had the following to say:
“Like other cases challenging the false declaration of a curfew by the Sheriff and City of Kenosha, Ms. Miller’s case is important in defending basic civil liberties and ensuring that law enforcement officials do not abuse their power during emergencies. Before a local government can make it illegal for a citizen to merely walk down the street, they have to follow a specific procedure designed to ensure that such power is strictly limited, temporary, and enacted only by certain responsible elected officials. Both Sheriff Beth and Mayor Antaramian chose not to follow that procedure at all. Instead, they told people there was a curfew and oversaw arrests and jailing of those accused on violating it, but knew that the local government had not actually enacted one. That kind of abuse of office is about as textbook a case of unconstitutional civil rights violation as one could find.”