HME Attorney Sean O’Malley Challenges City of Milwaukee’s High-Speed Police Pursuit Policy

MILWAUKEE, WI (February 26, 2026) – Tonight, Hart McLaughlin & Eldridge Attorney Sean O’Malley, who represents the family of Amari Smith, will discuss the constitutional implications of a Milwaukee police pursuit that resulted in the death of an innocent bystander.

The pursuit began after the attempted stop of a vehicle for a minor traffic infraction. During the chase, the suspect ran a red light and caused a collision that took Mr. Smith’s life. Official reports suggest that the pursuit was “terminated” prior to the crash, but video footage indicates otherwise. Whether the pursuit was meaningfully terminated, and whether the City’s pursuit policy that permitted it aligns with constitutional limits, are key issues in the case. 

“This tragic loss was unjustifiable,” said Hart McLaughlin & Eldridge Attorney Sean O’Malley, who, along with Steven Hart and Jim Ormond, represents the Smith family. “Milwaukee’s pursuit policy gave officers nearly unbridled discretion to chase non-violent offenders through its congested city streets, creating known and unacceptable risks to the community. Our position is clear, that there are constitutional limitations to the harm created by municipal pursuit policies and that the City of Milwaukee violated those limitations.” 

Over the past decade, Milwaukee’s pursuit policy has evolved considerably. Prior reforms restricted high-speed pursuits to violent felonies, reducing risk while maintaining high apprehension rates. Later policy changes expanded officer discretion, resulting in more pursuits, higher speeds, and corresponding increases in collisions and injuries. 

Hart McLaughlin & Eldridge asserts that these policy changes have a direct and demonstrable impact on public safety, and that balancing that risk of harm against the legitimate goal of apprehending criminal suspects cannot be done arbitrarily.  

“Policy choices have legal and human consequences,” Hart said. “No family should lose a loved one in a high-speed pursuit for a minor traffic violation. This case seeks accountability and ensures that law enforcement policies are consistent with data, public safety, and constitutional limits.” 

Hart McLaughlin & Eldridge is committed to holding municipalities accountable, addressing systemic risks in policing, and representing those harmed by preventable tragedies

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