Timmerman v. Waite and Urias

Summary

Brett Timmerman was a student at University of Wisconsin-Platteville when he suffered a vicious antigay assault by Oden Waite and Enove Urias outside a local sandwich shop. Lambda Legal is representing Timmerman in a suit against his attackers to recover the damages he suffered. Lambda Legal’s argument invokes the Wisconsin hate crimes law, which allows civil suits after someone engages in conduct that would trigger a hate crime penalty even if the person was not charged with or convicted of a hate crime.

Context

Wisconsin is one of 21 states with a hate crimes law that covers sexual orientation.

Lambda Legal's Impact

This case marks the first time a state’s hate crime law is being used to recover civil damages for a victim of a hate crime.

History

  • September 2006 Lambda Legal files lawsuit in the Circuit Court of Grant County, Wisconsin.
  • March 2008 Lambda Legal reaches settlement on behalf of Timmerman.

Case Information

Status: Closed

Plaintiff

Brett Timmerman

Attorneys

Lambda Legal
James P. Madigan

Co-counsel/Cooperating Attorneys
Jocelyn Francoeur and Megan Thibert-Ind of McDermott Will & Emery, LLP