Qualified Immunity

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7^th Circuit Court of Appeals

Case Name: Theresa Mason-Funk v. City of Neenah, et al.

Case No.: 17-3380

Officials: BAUER, EASTERBROOK, and MANION, Circuit Judges.

Focus: Qualified Immunity

Brian Flatoff’s decision to take individuals hostage at a motorcycle shop in Neenah, Wisconsin, had tragic consequences for Michael Funk. After managing to escape from Flatoff, Funk was shot and killed in the alleyway behind the shop by two officers of the Neenah Police Department (NPD), Craig Hoffer and Robert Ross. Unfortunately, they mistakenly believed Funk was Flatoff.

Funk’s wife, Theresa Mason‐Funk, brought this lawsuit under 42 U.S.C. § 1983 against Officers Hoffer and Ross, as well as the City of Neenah (collectively, Defendants), alleging that both officers used unreasonable and excessive force against Funk. The district court granted summary judgment in favor of Defendants, finding that the officers’ conduct was not objectively unreasonable under the Fourth Amendment, and that even if their conduct was unreasonable, they were shielded from liability by qualified immunity. We conclude that the qualified immunity issue is dispositive and affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.