An attorney hired by an eastern Wisconsin city wants a federal judge to dismiss a lawsuit brought by the widow of a man killed by police during a standoff at a motorcycle shop.
In July, Theresa Mason-Funk filed a lawsuit claiming the officers used excessive force when they shot 60-year-old Michael Funk at Eagle Nation Cycles in Neenah last December.
Funk was a hostage and had drawn his handgun as he tried to escape. Police believed Funk was the hostage taker.
In a response Tuesday, an attorney for the city and the officers said any damages suffered by Mason-Funk were caused by the conduct of the man accused in the standoff, Brian Flatoff, and Funk himself "and not by the conduct of the defendants."
