Mason-Funk v. City of Neenah, No. 17-3380 (7th Cir. 2018)Annotate this Case
Flatoff took hostages at a Neenah, Wisconsin motorcycle shop. After Flatoff threatened to start shooting, police unsuccessfully attempted an entry. Hostage Funk escaped out the back door of the shop and was shot and killed in the alleyway by two police officers, who mistakenly believed Funk was Flatoff. Funk’s wife filed suit under 42 U.S.C. 1983 against the officers and the city, alleging that both officers used unreasonable and excessive force against Funk. The district court granted the defendants summary judgment, 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. The Seventh Circuit affirmed, finding the qualified immunity issue dispositive. The court noted that at least one officer believed that the situation was an ambush and that when Funk appeared in the officers’ line‐of‐sight holding a gun, the officers, in a matter of seconds, concluded that Funk was one of the people inside the shop who had shot at them only minutes ago.