Court affirms firing of officer in Hamilton killing
Manney argued in appeal that rules were vague
Christopher Manney, the former Milwaukee police officer who fatally shot Dontre Hamilton in a downtown park, has lost another attempt to win back his job.
The state Court of Appeals on Tuesday affirmed a circuit judge’s decision to uphold the Fire and Police Commission’s decision to fire Manney.
Manney encountered Hamilton at Red Arrow Park in April 2014, after an employee at Starbucks complained that a homeless person was sleeping near the coffee shop located at the park. Manney said Hamilton got ahold of his baton and was attacking him when Manney fired fatal shots.
Police Chief Edward Flynn said Manney’s use of deadly force was justified, but fired him for violating two department rules, one about when to conduct a pat-down and another about how to approach subjects who might be emotionally disturbed. Manney appealed his firing, but after a trial in March 2015, the commission sustained Flynn’s decision.
Manney appealed and Circuit Judge Richard Sankovitz affirmed the FPC decision.
Manney argued that the department’s rule that an officer may only conduct a pat-down if he reasonably believes a suspect has a weapon or poses a threat is unconstitutional. The Court of Appeals also found that argument unpersuasive.
It also rejected Manney’s claims that the rules he violated were vague, or only suggestions.
Manney was granted duty disability, for the stress he says he suffered in the wake of Hamilton’s death and the investigations.