The city of Neenah is asking for a lawsuit over the death a man in a hostage situation to be dismissed. You'll remember the widow of Michael Funk, the man killed during a police standoff at a motorcycle shop in Neenah last December filed a wrongful death lawsuit against the city.
Michael Funk was shot and killed by police as he was trying to escape from his alleged captor Brian Flatoff in the hostage situation. Since then many new details have emerged and it's because of those details that Funk's widow, Theresa Funk, recently filed a wrongful death lawsuit against the city.
Today the city of Neenah is fighting that lawsuit and asking the US District Court in Green Bay to dismiss it all together. Within the documents just filed attorneys for the city claim any injuries or damages suffered were caused by the conduct of Brian Flatoff the alleged captor and Michael Funk, but not police.
One excerpt from the document to dismiss the lawsuit read: "Michael Funk failed to protect himself from serious injury and death while in the building with Brian Flatoff and others. Even though Funk was armed during the entire time he was with Brian Flatoff, and even though he had multiple opportunities to defend himself, he chose not to do so. Rather, Funk chose to run towards law enforcement officers with a loaded weapon which resulted in his death.”
Funk's widow is accusing Neenah officers in her lawsuit of using excessive force as her husband tried to escape from the Eagle Nation Cycle’s shop. The city is asking a Federal Judge to dismiss that lawsuit and make her pay for their attorney fees.
