A federal judge has dismissed a lawsuit filed against the city of Neenah and others by Eagle Nation Cycles and its owners and others, according to court documents.
Chief Judge William Griesbach of the Federal District Court on Wednesday dismissed the suit.
The action, filed in December 2014, alleged that the city of Neenah, Neenah Police Chief Kevin Wilkinson and Neenah Captain Tom Long among other defendants violated the plaintiffs’ civil rights during a search of the Eagle Nation Cycle shop, 206 Main Street, Neenah, in September 2012.
Subsequent to filing the lawsuit, the City’s attorneys, Gunta Law Office, Wauwatosa, attempted to schedule depositions and conduct discovery in order to determine the facts and prepare for trial. Although attempts were made to schedule discovery over several months, the plaintiffs, through their attorney never responded, according to court documents and a city of Neenah media release.
Griesbach's order to dismiss stated:
“Litigation is not something to be conducted casually. Even the mere filing of a lawsuit can affect someone’s reputation, and definitely affects their pocketbook. Here, the Plaintiffs have alleged that City officers and employees have abused their authority so as to violate their civil rights and cause them severe harm. Allegations such as these not only damage the reputation of the individual defendants named in the suit, but also undermine the trust and confidence of the public that the City and its police department must have if they are to effectively carry out their duties. A party cannot simply lodge allegations of this nature against city officers and employees and then deny them the opportunity to timely discover the evidence on which they are based so they can obtain a prompt disposition of them in court. Meaningful participation in the discovery process is not too much to ask, particularly when that process was initiated by counsel’s decision to file a lawsuit in the first place. Attorneys who approach litigation as though it is something to be undertaken haphazardly do so at their own risk.”
The court ordered the Plaintiff’s attorney to pay the defendants $1,500 to defray a portion of the costs associated with preparing for depositions and the motion to dismiss. In addition, the suit was dismissed with prejudice, meaning that the claim cannot be refilled by the plaintiffs, according to the city's media release.
“The failure of plaintiffs to participate in discovery may have been an indication of the weakness of their claim,” said Neenah City Attorney Jim Godlewski, in the media release. “The permanent dismissal vindicates our position that the City and members of the NPD did not violate the plaintiffs’ rights.”
Chief Wilkinson added, “Anyone can accuse anyone of anything; it is quite another matter to provide proof for sensational claims. This dismissal is a commentary about credibility.”
