Former long-term Detroit Police Sergeant Benjamin Wagner is facing multiple criminal sexual conduct and kidnapping charges tied to alleged assaults dating back more than two decades.
Fieger Law Managing Partner James Harrington and Attorney Paul Huebner recently spoke with WXYZ-TV about the case and the firm’s representation of a survivor involved in allegations against Wagner.
According to the WXYZ investigation, sexual assault allegations against Wagner aren’t new. A 2017 abuse allegation involving a child was presented to prosecutors years before he was later charged in multiple sexual assault cases.
This case raises important questions about institutional accountability, police misconduct investigations, and the legal options available to survivors of sexual assault, including the right to pursue a civil injury claim while criminal prosecution is occurring.
In this blog, we’ll explore what survivors and families should know about the allegations against Wagner, present Fieger Law’s role in this case, and examine how civil claims involving law enforcement misconduct work under Michigan law.
Who Is Benjamin Wagner, and What Are the Charges?
Benjamin Wagner is a former Detroit Police Department (DPD) sergeant who served the department from 1989 until his retirement in 2017. Prosecutors allege that during his time with the DPD, Wagner sexually assaulted multiple young women and girls between 1999 and 2003.
According to the Wayne County Prosecutor’s Office, Wagner was charged in several felony cases for kidnapping and first-degree criminal sexual conduct. Prosecutors allege the survivors were between the ages of 15 and 23 years old at the time of the alleged assaults. In addition to these charges, an additional alleged assault involving a 14-year-old girl was later announced in a separate release one day later.
The case has received extra attention because of reporting by WXYZ-TV about allegations made by a then-12-year-old girl in Oakland County in 2017. According to the report, investigators initially pursued criminal charges against Wagner, but prosecutors declined them. The Oakland County Prosecutor’s Office has since stated that it is actively reviewing the matter again.
“It is accurate to say the Oakland County Prosecutor’s Office is now actively reviewing the case for charges,” Oakland County Prosecutor’s Office spokesman Jeff Wattrick told WXYZ.
Fieger Law’s Role in the Case
Fieger Law attorneys James Harrington and Paul Huebner are currently representing a survivor who’s connected to this case.
“The fact that this was actually in the lap of a prosecutor with information, with a complaint, with facts that substantiate that a crime was committed and that no action was taken is heartbreaking,” Harrington told WXYZ about the case.
Fieger Law is pursuing full accountability from the DPD and Wagner through the civil justice system on behalf of the survivor we represent. The civil process we’re working through is separate from the criminal prosecution against Wagner currently being handled by state authorities.
For many survivors of sexual assault cases, civil litigation provides an important and valuable opportunity to seek compensation for the lasting effects of alleged abuse they endured, including emotional trauma, medical treatment, therapy costs, and other damages.
Cases like this also help highlight how institutions can and should be held accountable when allegations involve law enforcement personnel and whether agencies, supervisors, or institutions failed to act timely and appropriately when people in the community raised concerns.
What Is a Civil Injury Claim and Why Does It Matter for Survivors?
Many people don’t realize that criminal cases and civil lawsuits are completely separate legal proceedings.
- Criminal cases are brought by the government. Once the case is brought, state prosecutors decide whether to file criminal charges, which charges to pursue, and whether plea negotiations or trial proceedings will proceed.
- Civil lawsuits are brought directly by survivors. Unlike criminal cases, civil cases aren’t about criminal punishment. Instead, they focus on creating accountability and generating financial compensation for damages.
A criminal conviction isn’t required for a survivor to file a civil claim. And in some situations, survivors may still have legal options even if criminal charges were never filed or if a criminal case doesn’t result in a conviction.
A survivor who files a civil claim may be eligible to receive compensation for their:
- Medical expenses
- Counseling or therapy costs
- Lost income or reduced earning capacity
- Pain and suffering
- Emotional distress
- Other long-term harms connected to the alleged misconduct
When civil claims involve law enforcement officers—trained professionals who are supposed to be highly trusted members of a community—they can raise questions about whether a police department or public agency failed to properly investigate misconduct, supervise personnel, or respond to warning signs.
Because criminal and civil cases are different, survivors can choose their legal representation for a civil case, regardless of who is handling any related criminal prosecution.
Civil cases like these often involve complicated procedural rules, statutes of limitations, governmental immunity, and evidence issues that are often complicated by personal trauma. For these reasons, it’s often important for survivors to speak with experienced lawyers to better understand their legal options moving forward.
Sexual Assault and Misconduct Within the Detroit Police Department
The allegations against Wagner have renewed attention on past concerns about misconduct investigations involving the Detroit Police Department.
The criminal cases against Wagner reportedly emerged in part from investigations tied to Detroit’s backlog of more than 11,000 previously untested sexual assault kits, which is a longstanding issue in the DPD that has received national attention for years. According to prosecutors, DNA evidence and renewed investigative work ultimately linked Wagner to multiple alleged assaults.
Oversight of the Detroit Police Department also involves the Detroit Board of Police Commissioners, an independent civilian oversight body that reviews complaints, disciplinary matters, and community concerns involving DPD officers.
Community members who want to report police misconduct or learn more about oversight procedures should visit the board’s official website.
Public reporting and oversight processes are important when it comes to identifying patterns of misconduct and helping survivors understand where complaints can be submitted outside of a police department’s own reporting service.
Know Your Rights if You’ve Been Assaulted by a Law Enforcement Officer
Sexual assault allegations involving law enforcement officers can feel confusing and extremely intimidating for survivors and families. Many survivors worry that they won’t be believed or taken seriously. Some even fear retaliation because the accused person is highly respected, has many years of service, and carries authority in the community.
At Fieger Law, we want survivors to know that they have legal options even when the deck seems stacked against them. Survivors can:
- Report misconduct to a police oversight agency or civilian review board
- Cooperate with a criminal investigation
- Pursue an independent civil injury claim
- Seek protective orders or other legal protections
- Preserve evidence that may later support a claim
If misconduct involves a Detroit police officer, reports may also be submitted to the Detroit Board of Police Commissioners through its official complaint process.
Preserving evidence of what happened is also important. Survivors should keep evidence such as:
- Medical records
- Communication records
- Photographs
- Witness information
- Documentation connected to the incident
Even when significant time has passed, speaking with an attorney can help survivors understand their options moving forward and if the statute of limitations has passed.
Above all, it’s important for survivors to know that they don’t have to navigate these issues alone. Speaking with an experienced attorney can help them better understand the differences between criminal proceedings, internal investigations, and civil claims, as well as what they can do and expect in the weeks, months, and even years to come.
Fieger Law Is Here to Fight for Survivors
Fieger Law’s representation of a survivor in this story reflects our deep commitment to standing with survivors of sexual assault while pursuing accountability through the civil justice system.
Cases involving law enforcement officers can and often do present unique legal and emotional challenges, especially when survivors believe earlier warnings from others or even their own complaints were ignored. Civil litigation can help survivors get answers, accountability, and compensation for the harm they’ve endured.
If you or someone you love has been sexually assaulted, you may have legal options, and we want to speak with you. Contact Fieger Law today for a free, confidential consultation. If you don’t win your case, you pay nothing.
