SHEBOYGAN — Two people who were inside a bar during an officer-involved shooting this past summer are seeking $3.3 million dollars each; accusing the police officers of negligence.
Notices of Injury and Notices of Claim for Damages for Kurt Klessig and Mary Heitzmann were filed against the City of Sheboygan last week. The notice of claim is a precursor to a lawsuit, although no lawsuit has been filed yet. The claim will be introduced to the City’s Common Council on Monday, November 21st.
According to the claim, Klessig was working as a bartender inside the Union Ave Tap on July 17th, 2016 when an armed robber entered the bar. Responding police officers Anthony Hamilton and Brandon Kehoe positioned themselves in front of the entry door on South 14th Street expecting the armed robber to exit through the door. Also according to the claim, “Officer Hamilton and Officer Kehoe knew or should have known that by positioning themselves as they did, Kurt Klessig and Mary Heitzmann were in the officers’ field of fire.”
Attorney Robert Elliott of Milwaukee alleges Officer Hamilton and/or Officer Kehoe shot towards the robber, and towards Klessig and Heitzmann, severely wounding Klessig, in violation of the Sheboygan Police Department’s Rules and Regulations, and the industry standards applicable to police officers with regard to discharging their weapons under the described circumstances. The attorney also alleges the shooting caused Heitzmann severe mental injury, causing her to incur severe mental suffering and disability.
In the documents filed, Klessig seeks $2.5 million dollars for pain, suffering, suffering, disfigurement and disability, loss of earning capacity and $800,000 for attorney’s fees for a total of $3.3 million dollars. Heitzmann also seeks the same amount from the City.