Mason-Funk v. City of Neenah

Man takes hostages at Neenah, Wisc. motorcycle shop. Police enter, exchange gunfire, retreat. A hostage, the shop’s co-owner, escapes out the back. The man fires at him; the co-owner takes cover, pulls out his own gun. Police shoot the co-owner dead. Can the co-owner’s widow sue the officers? The Seventh Circuit says no. (Side note: The co-owner was suing police for a prior SWAT raid on the shop (an unsuccessful effort to find a large-scale drug operation), which was signed off on by a judge whose brother was on the task force that conducted the raid.)

Tags: 2018, Police, Qualified Immunity, Seventh Circuit

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