GREEN BAY, WI (WTAQ) – Plaintiffs seeking to reinstate a civil rights lawsuit against the City of Neenah have been denied by a federal judge.
Eagle Nation Cycles, owner Steven Erato, and 3 others filed suit against the City of Neenah and Winnebago County claiming their civil rights were violated in a 2012 raid. They were asking for $50 million in damages.
Back in January, Judge William Griesbach dismissed the suit ruling the plaintiffs’ attorney failed to respond to motions or complete discovery. Griesbach also cited a lack of good faith effort to move forward with the case.
Erato and the others filed motions seeking the judge to change his mind – claiming they had no knowledge of their attorney’s lack of action, so they shouldn’t be punished.
But in a five-page ruling this week, Griesbach confirmed his previous decision.
“Our legal system allows individual citizens to level allegations against government officials and to make such officials answer the charges in court, and to do so without fear of reprisals. But in exchange, such a citizen and his counsel should expect a vigorous defense that will require their full cooperation and an exchange of information, so that the defendants can defend themselves and their reputations-win or lose. In other words, one should not casually accuse another of serious misconduct. Here, I concluded that the Defendants had been through enough, and that dismissal was therefore warranted,” the judge wrote.
Eagle Nation Cycles was also the scene of a standoff last fall regarding the ownership of a motorcycle.
Michael Funk was killed by police during the standoff, as police said Funk had a weapon and didn’t comply with officer’s commands to put it down.
The Wisconsin Department of Justice is investigating that incident. It has not said when its review will be completed.
