Judge stops complaint against Heimsness - WKOW 27: Madison, WI Breaking News, Weather and Sports

Judge stops complaint against Heimsness

MADISON (WKOW) -- A Dane County judge granted a restraining order to Madison police officer Stephen Heimsness, stopping a complaint against Heimsness from going forward over his fatal shooting of an unarmed suspect.

Judge John Albert says the restraining order will be in place until late November, when Heimsness is intending to resign. Albert says Heimsness' planned resignation would make the complaint with the police and fire commission moot.

The complaint brought by Paul Heenan's housemates argues Heimsness acted without justification in shooting and killing Heenan last November. Both Madison Police officials and Dane County District Attorney Ismael Ozanne ruled Heimsness' actions involved no crimes, and were justified.

Authorities say Heenan drunkenly entered a neighbor's home, scuffled with the homeowner, and attempted to take Heimsness' gun before Heimsness shot Heenan.

Jim Palmer of the Wisconsin Professional Police Officers Association says Heimsness continues to recover from post traumatic stress disorder as a result of his involvement in the shooting. Heimsness has petitioned for a disability claim.

Heimsness' resignation plans resulted from Police Chief Noble Wray's attempt to fire Heimsness for separate, allegedly inappropriate conduct. Wray maintained Heimsness violated policy with dozens of inappropriate communications over a squad car-based computer system, and other inappropriate actions.

A federal lawsuit has been filed over Heimsness' fatal shooting of Heenan by Heenan's father.

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