Mason-Funk v. City of Neenah

Dist. Ct. did not err in granting defendants-police officers’ motion for summary judgment after finding that defendants were entitled to qualified immunity in plaintiff’s section 1983 action alleging that defendants used excessive force on plaintiff’s decedent during shoot-out in which armed third-party held decedent and others hostage at motorcycle shop. Record showed that defendants shot and killed decedent, who was armed at time of shooting, when decedent was attempting to get away from third-party and was spotted near third-party’s truck. Existing case law, though, failed to put defendants on notice that their use of deadly force, without warning on armed individual in dangerous hostage situation, was in violation of decedent’s constitutional right, especially where defendants could have concluded, albeit mistakenly, that armed decedent had shot at defendants only minutes prior to defendants shooting decedent.