A Lesson in Proper Legal Process

Here’s a story from Neenah, WI illustrating that “official” type people need proper, lawful authority via correct legal process otherwise they violate your rights, harming you and you can sue for damages.

  • Car repossession folks, show up to take car,
  • Owner says show me your court docs authorizing repossession?
  • Repo guys say NO,
  • Owner calls police,
  • Police show up and say go ahead take the car,
  • “”A properly trained police officer called to the scene on December 22, 2016, would have advised the tow company to come back another day, or get a court order,” the plaintiffs said in court documents. “That is what Castner and Gable were hoping to achieve when they called the police to appear at the repossession.

    “Instead of having the defendants here actually enforce Wisconsin’s law, Gable and Castner were told to get out of the vehicle and hand over the keys, or face arrest.”

What was the city’s position on defence of the policec action?

The city sought to dismiss the case, contending the officers acted in good faith and were entitled to qualified immunity, which shields government officials from liability so long as their conduct didn’t violate clearly established statutory or constitutional rights.


The city decided to settle before trial.

The city will pay $30,000 to settle a federal lawsuit against three Neenah police officers for their role in a disputed repossession of a car.

The Common Council unanimously approved the payment to plaintiff Charles Gable of Neenah earlier this week. The city previously spent $45,000 defending the officers, raising the total cost to taxpayers to $75,000.

City Attorney Jim Godlewski said the settlement didn’t admit any liability by officers Nathan Franzke, Erik Douglas and Zachary Mulroy.

It’s city police, in a state, I’m curious why they sued in federal court.

It’s crazy how the police don’t know, or don’t care, about basic legal process that one needs a valid claim before enforcing it.

How many times has this happened where people do not sue?

What would you do? Do you know your rights and basic legal processes?

FULL STORYhttps://www.postcrescent.com/story/news/local/2020/01/10/neenah-pays-30-000-settle-lawsuit-against-three-police-officers/2848475001/

PDF of ArticleNeenah pays $30,000 to settle lawsuit against three police officers