NEENAH, WI (WTAQ) – The owner of Eagle Nation Cycles in Neenah wants a civil rights lawsuit filed against the city to be reinstated.
Last month, federal Judge William Griesbach dismissed the lawsuit, saying the plaintiffs’ attorney didn’t respond to motions or complete discovery. The case was tossed by the judge due to lack of good faith effort to move forward.
In new court documents filed Wednesday, Steven Erato says he has new counsel and is asking the court to reinstate the civil rights suit.
“I was unaware that the Motion to Dismiss had even been filed until the Order (to dismiss) was granted and I began receiving phone calls from television and newspaper reporters,” Erato states in an affidavit.
“After reading articles and reviewing the Order granted by this Court, I felt betrayed by my counsel,” Erato states. “I believe there is merit to this case. … I understand that the sins of an attorney may sometimes fall upon their clients, but this is truly a case where the clients were kept in the dark, made false promises, and Plantiffs took no action or omission to obstruct the Court or the Defendants.”
Erato and 3 others sued the city of Neenah and Winnebago County claiming their civil rights were violated during a 2012 drug raid. They were seeking $50 million in damages.
The city and its insurance company will review the motion but right now Neenah City Attorney James Godlewski offered no comment.
No court dates have been set.
In December, Eagle Nation Cycles was the scene of a standoff that led to the killing of Michael Funk. Police fatally shot Funk, claiming he had a weapon and failed to comply with officer’s commands to put it down.
The investigation into that case is being handled by the Wisconsin Department of Justice. No timeline has been given for the completion of the probe.
