MADISON — A father-son argument, misinterpreted as a “threat to commit mayhem,” led to Green County Sheriff’s deputies unlawfully entering a Brooklyn man’s residence to find a marijuana grow operation, according to claims in a lawsuit filed in federal court.

The suit, filed Feb. 4 on behalf of Michael Mason and against Green County, alleged the deputies violated Mason’s Constitutional rights against unlawful search and equal protection under law. It claims the entry was illegal because the officers responding to a 911 call knew, before entering Mason’s residence in the 200 block of Bowman Street, that no unlawful conduct had occurred and Mason wasn’t home.

According to the complaint:

Mason got into an argument over money with his father, James Mason, in October 2016. Their tempers flared and James demanded Michael return the gun he had used for hunting.

Michael “brushed past” his mother, Sharon Mason, and his daughter, stating that he would “go get the gun.”

Not knowing the context of the statement, his daughter interpreted it as a “threat to commit mayhem,” and called 911.

Deputies Bradley Gilbert, Randall Teutschmann and Scott Ellefson were dispatched to James Mason’s residence. Brooklyn Police Chief James Barger arrived shortly after them. 

Barger contacted the occupants of the household as other law enforcement took positions to the rear of Michael’s house, which is next door to his parents’ home.

Gilbert was told that no one was hurt in the incident and the gun in question was kept at the family’s cabin in Waushara County. Ellefson was told the same information.

Michael’s phone number was obtained and Green County dispatch spoke to Michael. Barger was patched into the call to Michael Mason, who told Barger that he had gone to work in Madison, where he was waiting for his semi truck to be loaded. 

Barger told this information to the deputies.

Two hours later, Michael Mason called Brooklyn police telling them he had to leave with his loaded semi.

Prior to that, the deputies were beginning to stand down and leave the area when one deputy said, “unless you want to do a quick sweep of the house.” The deputies knocked on Mason’s front door and yelled, “Michael, come out!” 

When no one answered Gilbert, Teutschmann and Ellefson entered the house without a warrant or Mason’s consent.

Mason’s daughter lived with her father and could have given consent to enter but she was never asked. She was next door with her grandparents. If she had been asked, she could have said there had been no threat, her father appeared to have driven away and there were no guns in the house. 

The deputies did not find any weapons in the house, but did find a marijuana growing operation in the basement, which was the private residence of Marty J. Packard, 53. 

A search warrant was then obtained based on observations made during the warrantless search of the house. Investigators found 10 growing marijuana plants, two adult plants, seven juvenile plants and 257 grams of processed marijuana. Several paraphernalia items for growing and packing the drug were also located.

Mason and his tenant were charged with drug felonies, but Circuit Judge Thomas Vale threw out the evidence based on the unlawful search. Michael Mason pleaded no contest to misdemeanor disorderly conduct stemming from the confrontation with his father.

The deputies’ actions had a significant adverse impact on Mason’s life, the lawsuit claims.

It said he was fired from his job driving as an owner operator for a moving company because he missed work due to required court appearances. He had to return his truck. He has found a driving job but at about one-half the pay of his former job.

The suit seeks compensatory damages for loss of reputation and financial losses. The suit also seeks punitive damages for the deputies’ reckless disregard for Mason’s Constitutional rights.

An attorney charged him $15,557 to defend him against the criminal charges. The charges against him were dismissed but remain on his record and “will affect his job prospects, his credit and his relationships for the rest of his life,” according to the lawsuit.

The lawsuit states that the county is being sued because it is liable for its employees’ actions.

Sheriff Jeffrey Skatrud, who was not sheriff at the time of the incident, declined to comment on the lawsuit. 

Sam Hall, an attorney for the county’s insurer, Wisconsin Counties Mutual Insurance Corp., said he looks forward to defending the officers’ conduct and vindicating them in court.

“The officers’ entering into the home was necessary in light of the threats made by Mason,” Hall said in a phone interview.

Michael Mason had gotten into a physical altercation and threatened to return with a gun. As a result, the nearby Brooklyn Elementary School was placed on a lock down and deputies had an obligation to the community to enter Mason’s home in an attempt to locate him, Hall said.

Although the search of Mason’s house was found to be unlawful in his criminal case, Hall said, a different legal standard applies to his civil lawsuit and is more deferential to the deputies.