GREEN BAY, WI (WTAQ-WLUK) — The City of Neenah has formally responded to a lawsuit alleging police officers violated the Constitutional rights of hostages during the 2015 standoff at Eagle Nation Cycles, denying any wrongdoing.
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 and Officer Marly Heiting. The suit claims hostages were treated as if they were criminals, not crime victims, and seeks unspecified compensatory and punitive damages.
In its 11-page response, filed Monday in federal court in Green Bay, the city asks for the case to be dismissed.
“All the acts for the answering Defendants were done in good faith and not motivated by malice or the intent to harm,” the reply states. “Plaintiffs’ Complaint fails to state a cause of action against the City of Neenah pursuant (to case law) since there can be no recovery for a federal civil rights violation where there is no constitutional depravation occurring pursuant to government policy, custom, or practice.”
A scheduling conference will be held May 21, at which time a trial date could be set.
