The Kenosha Applebee’s mistaken identity lawsuit is a federal civil rights case filed by Shanya Boyd against the City of Kenosha, several of its police officers, the Village of Pleasant Prairie’s police chief, and Applebee’s corporate entities after Kenosha officers tackled, struck, and pepper-sprayed Boyd and her partner Jermelle English at a Kenosha Applebee’s on July 20, 2023, having mistaken them for hit-and-run suspects. As of mid-2026 the case is in active discovery before U.S. Magistrate Judge William E. Duffin in the Eastern District of Wisconsin, with dispositive motions due in July 2027 and no trial date set.
What Happened at the Kenosha Applebee’s
Boyd, English, and their one-year-old son were finishing dinner in a booth when a hit-and-run crash occurred nearby. The people who fled the vehicle were described as an African American man and an African American woman with a baby, the woman wearing a red shirt with her hair in a bun.
Pleasant Prairie Officer Ryan Quilling reached the restaurant first. Seeing the family at their booth with finished drinks, he concluded they had been inside during the crash and could not be the suspects. The actual suspects were later found hiding in the Applebee’s bathroom.
After Quilling stepped away, an Applebee’s manager called dispatch and reported that a couple matching the suspect description was inside. Kenosha Officers Luke Courtier and Michael Vences responded. According to the complaint, Quilling told Courtier on three separate occasions that the family were not the suspects. The Kenosha officers moved on the family anyway.
Video captured what came next. Officers confronted English while he was holding his son. An Applebee’s employee can be heard yelling “Get the baby” and “Careful, the baby’s head.” Once the child was removed from English’s arms, officers took English to the ground and struck him repeatedly while he was pinned. Boyd was pepper-sprayed.
Both were arrested. English and Boyd were charged with misdemeanor resisting an officer and disorderly conduct, and Boyd was charged with marijuana possession after 3.08 grams of THC were found in her purse.
Who Is Suing and Who Is Being Sued
Boyd filed the federal complaint on July 19, 2024, in the U.S. District Court for the Eastern District of Wisconsin, suing on her own behalf and as next friend of her son, identified in filings as T.T. The case is Boyd et al v. City of Kenosha et al, No. 2:24-cv-00919. Jermelle English is not a plaintiff, and the record does not indicate he has filed a separate action.
The named defendants fall into three groups. On the Kenosha side: the City of Kenosha, Police Chief Patrick Patton, Officer Michael Vences, Officer Luke Courtier, Sgt. Michael Lodygowski, and Officer James Karaway. On the Pleasant Prairie side: Police Chief David Smetana. Officer Quilling, who tried to wave the Kenosha officers off, is not a defendant. On the restaurant side: Applebee’s Restaurants LLC, Dine Brands Global Inc., and the local franchisee Yanbas LLC. A newer entity, SBG Apple North I LLC, was added by summons issued June 11, 2026.
What the Lawsuit Claims
The complaint contains 11 counts brought under Section 1981 of the Civil Rights Act of 1866, Section 1983 of the Civil Rights Act of 1871, and state law.
Against the officers and municipalities, Boyd alleges excessive force, false arrest, and failure to follow proper investigative procedures. The complaint leans hard on Quilling’s repeated warnings, arguing the Kenosha officers moved forward with an arrest they had been told, in person and more than once, was based on the wrong people.
Against the Applebee’s defendants, the complaint alleges the manager’s call to police was racially motivated and denied Boyd the ability to be served at the restaurant because of her race, in violation of Section 1981. A separate state-law defamation count alleges the manager’s statements to police falsely branded Boyd a criminal suspect.
On T.T.’s behalf, the complaint alleges the child will suffer “lifelong respiratory and cardiac issues” as a result of the incident. The lawsuit does not request a specific dollar amount.
Where the Case Stands Now
The Dine Brands defendants (Dine Brands Global, Applebee’s Restaurants LLC, and Applebee’s Franchisor LLC) moved to dismiss. On September 2, 2025, Judge Duffin denied the motion, finding Boyd had sufficiently pled vicarious liability for the manager’s conduct, the Section 1981 racial discrimination claim, and the defamation claim. The Applebee’s corporate entities remain in the case alongside the government defendants.
The complaint has been amended several times. On June 9, 2026, the court granted leave to file a third amended complaint, and SBG Apple North I LLC was added shortly after.
On June 15, 2026, the court entered a modified scheduling order:
- Fact discovery closes November 12, 2026.
- Plaintiffs’ expert witness list is due January 14, 2027.
- Defendants’ expert witness list is due March 15, 2027.
- Expert discovery closes May 14, 2027.
- Dispositive motions are due July 1, 2027.
No trial date has been set, and nothing in the public record indicates settlement negotiations. Under this schedule the case is unlikely to reach trial before late 2027.
What Happened to the Criminal Charges
Kenosha County District Attorney Michael Graveley initially pressed the misdemeanor charges against Boyd and English. On December 20, 2023, Judge Gerad Dougvillo of the Kenosha County Circuit Court dismissed all charges against both of them at prosecutors’ request. Kevin O’Connor, who represented the couple, said the DA’s office had the case reviewed by independent attorneys who concluded the charges “should have never been brought to begin with.”
What the Internal Investigations Found
Two reviews looked at the officers’ conduct. A West Allis Police Department review concluded the use of force was technically justified under department policy. The Kenosha Police Department’s own internal investigation reached harsher findings, determining that Officers Courtier and Vences violated multiple department policies on use of force, mission and core values, and police report standards.
Investigators found “no justifiable reasoning” for officers striking English. One officer was found to have threatened to call child protective services on Boyd and to have falsely told jail staff she was “combative,” a description contradicted by squad car footage. The officer who pepper-sprayed Boyd did not provide medical aid afterward, in violation of policy. Officer Courtier received a 10-day suspension. Officer Vences received a four-day suspension. Both were required to complete additional training.