Federal judge dismisses civil rights claims against ex-Milwaukee officer Michael Mattioli in Joel Acevedo case

Key ruling narrows the case to state-law claims

A federal judge in Milwaukee has dismissed the civil rights portion of a lawsuit filed over the death of Joel Acevedo, concluding that former Milwaukee Police Officer Michael Mattioli was not acting “under color of law” during the April 2020 incident at Mattioli’s home.

In an order dated March 6, 2026, U.S. District Judge Brett H. Ludwig granted summary judgment to Mattioli and the City of Milwaukee on the federal claims brought under 42 U.S.C. § 1983 and related municipal-liability theories. The court denied the plaintiff’s motion seeking partial summary judgment and ruled that remaining evidentiary motions were moot.

What the lawsuit alleged

The federal case was filed in April 2023 by Jose Acevedo, acting as special administrator of the Estate of Joel Acevedo. The suit sought damages from Mattioli and the City of Milwaukee, alleging excessive force and other constitutional violations tied to Acevedo’s death following a physical struggle after a night of drinking.

Earlier in the litigation, two other named defendants—former Milwaukee Police Chief Alfonso Morales and Milwaukee Police Department officer Robert Roach—were dismissed by stipulation in July 2025, leaving Mattioli and the City as the remaining defendants on the federal claims addressed in the March 2026 order.

The judge’s reasoning

To proceed on a federal civil rights claim, plaintiffs generally must show that the defendant was exercising governmental authority rather than acting as a private citizen. The court found that the undisputed record established Mattioli was off duty and acting in a private capacity at his residence when the altercation occurred, which the judge said foreclosed the federal constitutional claims as a matter of law.

The decision emphasizes that employment as a police officer, standing alone, does not automatically make conduct attributable to the state for purposes of § 1983 liability.

What happens next

With the federal claims dismissed, the court said it would relinquish jurisdiction over the remaining state-law claims. In practical terms, that means any unresolved allegations grounded in Wisconsin tort law would typically proceed, if at all, in state court rather than federal court.

• Federal civil rights claims against Mattioli and the City were dismissed on summary judgment.

• The case may continue only on state-law theories, subject to refiling or further proceedings in state court.

• The ruling does not determine criminal liability and addresses only the civil federal claims.

The court’s order centers on the legal threshold for treating an off-duty officer’s conduct as state action under federal civil rights law.

Acevedo died several days after the April 2020 incident, which had already generated separate criminal proceedings against Mattioli. A Milwaukee County jury later acquitted Mattioli of homicide in 2023.