The Eagle Nation Cycles building is seen in downtown Neenah July 1, 2021. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) – A federal judge dismissed a lawsuit filed against the City of Neenah in the wake of a 2015 standoff at Eagle Nation Cycles.
Brian Flatoff took multiple people hostage at the store, upset about his motorcycle. During the standoff, police officers shot and killed Michael Funk. The officers were not charged, and a federal lawsuit by Funk’s estate was dismissed.
Ethan Moderson, Ryan Moderson, Michael Peterson, Stephen Erato, and George Fuerte filed suit against the City of Neenah, Sgt. Angela Eichmann, Lt. Shaun O’Bre, Lt. Tyron Thompson, Officer Jonathan Kuffel, Officer Marly Heiting and several others. The suit claims hostages were treated as if they were criminals, not crime victims, and seeks unspecified compensatory and punitive damages.
The city denied the claims, and asked for the case to be dismissed. In a 12-page ruling filed last week, Judge William Griesbach granted that request.
“Against the background of the ongoing threat and the rapidly evolving situation, it was reasonable for the officers to conclude that it was necessary to detain Plaintiffs and briefly put them in handcuffs to confirm the individuals’ identities and be able to safely investigate without interference Erato was the final hostage to exit Eagle Nation after Flatoff was arrested. Erato was turned over to Officer Heiting and placed in the rear of his patrol vehicle. Officer Heiting took Erato’s wallet, cell phone, vehicle key, and rosary, and transported him to the Neenah Police Department. After being advised that he was not under arrest, that he was free to leave at any time, and that he was not required to answer any questions, Erato agreed to speak with Wisconsin Department of Criminal Investigation agents, consistent with his attorney’s advice. Under these circumstances, Plaintiffs’ detention was reasonable and no Fourth Amendment violation occurred,” the decision states.
Judge Griesbach also denied the plaintiffs claims to overcome the defendants’ qualified immunity.
“But Plaintiffs have not identified, and the court has not found, a controlling case or robust collection of persuasive authority analogous to the instant set of facts that clearly establishes that Defendants’ conduct violated Plaintiffs’ constitutional rights. As a result, Defendants are entitled to qualified immunity. For this reason as well, Defendants’ motion for summary judgment is granted,” Griesbach wrote.
Flatoff was sentenced to 100 years in prison for his actions.
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