GREEN BAY, WI (WTAQ) – The estate of Michael Funk – who was shot and killed by Neenah police during an incident at Eagle Nation Cycles – filed a federal lawsuit against the city Monday.
Theresa Mason-Funk, his wife, is the plantiff, listed individually and as the administrator of his estate. The defendents are the city of Neenah, Office Craig Hoffer, and Officer Robert Ross.
According to the complaint:
Police responded to the store, and knew that Brian Flatoff was holding hostages.
“Michael subsequently attempted to escape from Flatoff by going out the Shop’s rear entrance into the Alley. Flatoff shot at Michael as he attempted to escape. It was apparent to a reasonable person in Officer Hoffer’s and Officer Ross’s location that Flatoff was firing at Michael and that Michael was a hostage and was not the hostage-taker.
Michael posed no threat to Officers Hoffer and Ross or to anyone else as he attempted to escape. Nevertheless, within seconds after Michael exited the Shop, Officers Hoffer and Ross emerged from their protected position and shot Michael multiple times without giving him any warning of their presence, any warning that he might be shot, or any other instruction or communication of any sort. Many of the shots fired by Officers Hoffer and Ross struck Michael in the back. Michael fell in the Alley. After Michael fell, he was still alive. Officer Ross then shot Michael twice more.” the suit alleges.
“The force used by Officers Hoffer and Ross was unnecessary, unreasonable and excessive under the circumstances of the Incident for various reasons,” it states.
The suit asks for unspecified compensatory, punitive and exemplary damages.
Neenah City Attorney Jim Godlewski told Post-Crescent Media that the lawsuit will be referred to the city’s defense counsel. He had no comment on the lawsuit itself.
The Wisconsin Department of Justice determined the officers thought Funk was the armed hostage taker and was a threat, and they weren’t criminally responsible for his killing.
Flatoff faces trial March 13.
