STATE QF WISCUNSIrI

CIIi.CUIT COURT
CIVYL DIVISIUN

MILWAUKEE COUN'T`Y

~ ~}~~!424~~5
BRYAN NORBERG
749 West State Snceet
11~,ilwaukee, WI 53233,
GR~KUNISCH
749 West State Stxeet
Mil~wauk~e,'R7T 53233,
Plaizitifts,
and
CTTX"OF MI~,WALTKEE
cJo Ronald D.S.ec>nhaxd~, City CIS
Cite Hall,Room 2q5
2U0 East Wilts Street
M~Iwaukee,WI 53202

Gase No.

Pe~sonalInjury-Qthe~ 3U147

Tnvolunrary Plaintiffs,
vs.
BADGER GUNS,INC.

Gro.~a~J. A.u~,x~a

2339_ south 43rd street

NGlwaul~ee,WY 53219,

BADGER OUTDOORS,INC.
c/o Waltex~.l~iL~n, Regist~esed Agcnt
2339 South 43zd Strect
Milwaukee,WI 53219,
ADAM J. ALLAN
2339 South 43xd Street
Milwaukee,WI x3219,
WA.~TER ~j..ALJ_,A.N
2339 South 43rd Street
ivfiiiwaukee,WI x3219,

b~d~~9Al~d~ ~",~,~
~S(~TF~~t~'tra-~
DEC 06 ~~tQ
~~n~~K~~
0~~1'~1~i6~ t"4'1a0~

MILTON E.BEA.TOVIC
22810 Nozrh Cadd~r Court
Sun Citq West.AZ 85375,
ABC INS. CO:,the fictitious name for
arx unknown insuxawce
comP~Y~
DEF INS.CO.,xhe fictitious name for
a~n unknown insvraoce comparxy,
,jULIUS G BURTON,
DOC# 555A~66
Gxeen Bay Co.~recrional Institute
P.O.Box X9033
Green Bay,WI 54307-9433
JACOB l~. COLLINS
Reg~istex x#10088-089
FCI Fort Dix
Federal Coz~rectional Institution
P.O.Box 200p
Fort Dix, NJ 08bA~Q

Defc~aa~dazxts.
NOW COME ~kze above nam~ci plaintiffs, by thei

r att1omeys, CANNON & DUNPHY,

S.C.,and as azad for rl~ce~r claims or re1ie~

1.

alleg,~ and show to the Court as fol~oar~

'This is a civil action stemming from the shoo

tung o two City o Mslwaukee

Police Officers, Bzyan Noxbexg and Gra

ham Kunisch, on June 9, 2009, with a guu that
Badger Gwns negiigerz~ip and wr~a
ly sold to,Jacob D. Collins. ~fficex Norberg was shot
ux the face and O&cex Kunisch was shot s~ve
~J: rimes with the handgun negligently and
wrilawully sold bq Badger Gwrzs.

-2-

2.

Badger Guns ne~;~igen~ly and unlawfiillq sotd

,Jacob D. Collins -- who was

basted from purchasing fircanms render fede

ral haw -- a Taurus PT140 Piro .40 calihex
handgun on Map 4, 2009. Collins prov
ided the gun to Julius G Burton, who shot the
plaintiffs Bxpazx Norb~g and Gzaharn Kwnitsch
.
3.

Badgex knew ox ~scm~ably should have ktzo

wsz that it w~xs unlawful to. sell

Jacob D.,Collins the kiaz~dgiva.

4.

Jacob D. Collins entered Badgex Guns nth

18-year-old Julius C. Burton, and

Burton picked out which handgun he wan

ted to buy. Dui to Burton's age,it was illeg

al ox

Badger Gwns to sell Burton a hax~.dg~xn.

Affiet Burton picked the handgun. he ~vvaut~d. and
while present u~ the store vv~ith Collins, Coll
ixxs completed a Faxearms Transaction Record,
ATF Form 4-473, to purchase the gun for
Button. Colliers itz~dicated on the fosacn. that he;was
not the actual buyer a the handgun. Tt pis
wrzl~wfial to sell.a fixeazm to someone who
is sat
the actual buyer of the gun, but is instead
purchasing the gan on behalf of another person.
Rathez than tearminaxe ~ sale and
ronra.ct police about tk~is uz~lawfui stxaw p~uchase
attcnnpt, Bad~ex Guns conspired with Coll
ins to change his answer to Claim 'alsely'that
he
was tl~e actual buyer of the gux~. Badger
Guns thexz proceeded to sill. Collins the flre~n
g ua
an w~lawful st7rraavc~ sale.
5.

Badgear Guns krf~vv oz reasonably should

have known that Collins was not
buying the firearm for his owz~ use but
rathex bought. it far Julius C. Burton. Yet, Badger
iilega~llq sold the gun to ColIims in knowin
g violation of fireazms laws aid without exec
ng
reasax~able caxe to prevent a dangezoixs and ille
gal gun sale.

_3..

b.

,Jacob D. Coins was also prohibited from

buging guns because he was an

unlawful user oillegal drugs. He v as an admi

tted marijuana. user since at Ieast 2407,and the
dap he was arrested in conncction with Yus
acrions underlying thus Iawsui~ he was i~n
possessiton of a growing marijuana potted
p~~. Badger Guns knew ox should have 1~nown
rlaat Collins was an ux~laWul user o illegal
dnYgs and was prohibited ram
buY~ b'~
because he was azi ur~~a~ful usear of illegal drug
s, and that it was illegal fax Badgez Gwr~s to
sell him a guz~.
7.

Badger Guns is Qua of the most naeorioa

s gun dealers in .A~merira. Opezaring

tzz~de~ the n~arxaes Badger Guns, Badger

`Baclgei'~, Badge's corxstant supply o

Outdoors, and Badger Guns & .~~nrrio {hereinafter

deacllq weapons to the ari~z~al ma~~et xn~es it
a

public nuisance. Badger has ranked as

the numbear one

creme gun dealer uz .A.zx~.erica, selling

more guxzs raced to crime in a pear thaxa

any other dealer. Badger has fr~queattp sold
an
average of more than one ca~ime gun
~rery day of the year -- an average of moxc than
2Q a
vv~eek. Badger has sold frea.~nms in viol
ation of state and fedexai Iaw and engaged in c2ul
awful
sttavcr sales. Badger has repeatedly
been cited by the Bureau of Alcohol, Tobacc
o, F"~trea.rzns
and F.xplosxves(ATk~ or violatuxg fede
ral gnzzz la~w~s. Badger has accounted for two-~kux
sds of
all the come guzis recovered in Milw
aukee. In recent years,90% of straw buyers
prosecuted
in Milwaukee purchased their guns at
Badger. AU told, Badg~x has sold more thaci
4,OQq
crime guns.
8.

This lawsuit does not ixi any wrap chal

lenge the right of law-abiding citizens to

b~ arms. This lavFrsuit also dogs not

challenge ~n any way the right o respoxasible
gu~x
dealers to operate a business of selling
guns to Iawabiding citizens. 'This Iawsuit zs about
the

~~

crzm~ual use o guns. anal a gun dealear

that negligently and ~legallp suPPlies the aimina
i
market. N'egIigently and
tihe criminal market w%th guns not on~p causes
ill~allY APP
foz~seeable harm (such as the shooring
incid~ats ~adezlging this case),it wafai~.p tarn
ishes
the xespos~ble gun s~rllers vcrhho suPPIY
Iaw abiding c:itizcas with azms for lawful puxpos
es.
PARTIES
9.

Plaintiff Bryan Noxberg ~s a resident of

the State of Wisconsin and City of
Nfitwaukee who at all times xna~erial
hereto was employed as a pity of Milwaukee
police
ofiGer, located at xhe Milwaukee Poli
ce Ueparnnent,?49 West State Street, Milwau
kee, WI
53233.
10.

Plainri Carahaxx~ S{unisch is a xesidcnx

of the State of ~sconszn,.and C.iCy of

Milwaukee who at all times material

kzereto was employed as a Cary of Milwau
kee palir~
oficex, located at the Milwaukee Police
D~pazur~ez~~, 749 'L~7est State Street Milwau
kee, WI
53233.
11.

~uvo~unra~ry Plaintiff Citq a Miiwaul~e

e (hereinafter "the C~ity'~, is a
municipality, with offices of the City
Clerk, Ronald D.Lea~zhardr, located at 200
East Wells
Street M'itwaukee, WI 53242. The City
has paid workez's compensation and nr~dical
and
related bills to azxd on behalf of the
plaisiriffs as a result o injuries thep sustaine
d in the
shooting tbat is the subject of this
lawsuit The Citq ~xas a subrogation interest
h~iz~ to the
extent oits paytneuts puxsuaz~t Lo the
provisions of sec. 1Q2.29, Wis. Stagy., and is
a p~opet
Part}' hexein pursuant to sec. 8Q3.Q3,
Vitas. Star
12.

Defendant Badger Guns, tic. is a Wiscon

sin coxporatioz~, with offices of its

~+eg~stered ag~sxt, Adam). A11an, and

its principal place of business ax 2339 South

..~_

43rd Sheet,

N~Iwauke~ WI 53219. Badger Grwa~s, Inc.

is engaged in the business of s~'lling and
disaibuting firearms that, on ~inosmation
and be~ite, began operations on ox before
September 1,2007. Badgezz Cons is vicariou
sly liaable for the acts ofits agears and employees
while in the scope of their employmexit/agexicY
~3.

Dcfendant Bad~x Outdoaxs, Inc. is a Wisconsin

coxpoxation, with officcs o

its registered agent and rts pzincipai place of busi

ness at 2339 South 43rd Street, Milwaukee,.

WI x3219. Ar all amen mat~~al hereto, Badger

Outdoors

,Inc., was engaged in the business

of s~llivag and distributing ha~ndgu~s, includin

g thxough its predecessor in i~r~anest Badger
Guns&.Ammo, mac., since 1987. Ora ~o=mati
on and be~ie~ an July 20,1999,Badg~ar Guns
&.A.mmo, Ir~c. cha.~c~ed its name tp Badger
Outdoors, Inc.. 4n infoxmation and belie, at
same paint in 2007, the fireazrns selling
and distributing aspect of Badgex Outdoors, Tnc.
~xras txansfened to Badgex Guns,Tnc. Badg
ex Out~iooxs,Inc. is vicariously liable for the acts
oits agents and employees while in the scop

e o~'their employment/agency'

14.

Defendant Adam J. Allac~. is ara adult resi

ding uz the State of Wisconsin,

Iocated a~ 2339 South 43rd Street, Milwauke

e, WI 53219. Adam ,~. Altar was a long tixaae
eznpioyee of Badger Outdoors, Zinc. working
there full time ~mzn at least 2003 to Marrh
2406. Defendant Adam J. A]}a~n reopened
the stare under the name of Badger Gwr~s, Inc.
Adam.Allazx is the son of Walter Adam,
foxxnex co-ownex ofBadger Outdoors,Inc.
1S.

JJe~endaz~t Waiter J. Allan is a Wisconsin resi

dent, Iocat:~d at 2339 South 43rd

Street ~waukee, WI 53219. .A~~ ail

material tunes, ~7alter J. Allan is azzd vvas axz o~.cea~
director, shareholder, and owner ofBad
ger Outdoors, Inc. Walter J. Allan is also an
employee ofBadger Grins, Inc.

16.

Defendant Mtit~n E. Beatovic is an Azizona resident presently r~sidi

n~g at

228 0 North Caddq Court, Scut City West, AZ 85375.

At all mat~xial times, Milton E.
Beatovic is and was an o~fic~ dix+ectrn, shareholder, and ow7ne
r o Badger 4utdoozs, Inc.
and was engaged in substantial and not isolated activities withix

i the State of Wis~ons~n, and

is the awnex and

1

o the Badges. Guns' ~aciIity, makuag pexsozaal jurisdiction over

I ~ iN

17.

ABC Insurance Co. is the ficritious name o azz unknown inswrance

that issued a policy or polices of Izabiiity uzsurance to or for the

company

benefit of the deendauts,

Badger Outdoors, Inc., a~zdJox Badgex Guns,zzxc., and/o

z Walter J. Allan, and/or Ad~ma.

Allan, andjai Atilton E. Beatcivzc, by rho t~atms o ~arhich tlae insur

er

agreed to pap aU sums

Fox which any or all of t~Zes~ defendants nught become

liable for claims such as those
hereinafter set ot~h; mat by areason of such iasuraric.~,
the negligence o~ any of these
dei~xida~cxts, as alleged herein, and the laws of the State of Wisco

nsin,ABC S~surazzce ~ Co. ins a

propex defendant hearein.

1.8.

DEF Tnsrxxaxace Co. is the fictitious name of an unknown insur

ance Gompanp

that issued a policq ox policies of excess andJox umbre

lla liability insurance to ox ox the
benefit of arxy o the deendarits, Badge~c Outdoors,Inc., and/o

r Badg~ar Guns,Iz~c., a;nd/or

WalterJ. Allan,, and/or Adam J..A.ilan, andfor Milton E.Beato

vic, by the ternns of which the

insurer agxeed to pay all suns tk~at any of the de:fe~ndamts

might become liable for claims sack

as those h~aceinaFt~ar set forth; ~aat by reason o such insur

ance, the negligence of any of the

defendants as alleged herei~~, az~d the laws o tt~e State of Wisco

nsin, DEF Insurance Co.is.a

proper defendant herein.

-7-

~~

19.

The defeudautJulius G Buxton,DOC No.55546b,is resid

a
ent ofthe State of

'W"~onsin, present]y incarcerated at the Green Bay Coxre

crional Institution,2$33 River Side

IIsive,P.O. Bo~.19033,Green Baq,WI 543U7-9033.

20.

T~1C d~~EIIC~II~ JaCO~ D.Colliz~, Register

State ofWisconsin at all mater'saI times and is presently

Conrectiozaai Institution,P.D.Box 2000,Fort Dix, NJ

I~ia 10088-()89, was a resident of the

incarcerated at FCX Fort Dig,Federal

Q864Q.

BADGER.~$'HISTORY QF SE~L.I~iG CRIME

21.

G~~

Badger Guns, Like its predecessors in interest Badger

Outdoors, Tnc. and

$adges Guns &.Ammo, is a xet~.il store engagcd irx the

business o~ selling handguns. The
defendants axe amd were well aware of the subsrant risk
~
that ne~ligenx business practices
will supp~p~ c~.timinals with guns, often through gurx traffi
ck+exs, straw purchasers, or others
who ate p~raku~ited possessozs.
22.

Fuearms d~aleats axe one.of fihe mastimportant chazmels for

From the legal ~o the illegal market, az~d a small percentage

diverting fireatxns

o all gun dealers se?I the majority

of guns latex used by aa~minals. High sales volume

and proximity to k~igh crime areas does
not de~ermiue the number of crime guns sold by a deale
r. Mazzy sxo~s tbat have high sales
volume or are located in or near high rxime areas are

ttot among the top crime gun dealers.

Dealers' negligent and illegal sates pracrices and burli

ness decitsxons account for di.ese~ces
among gun deniers izx the probability that rh~ix guns will
23.

be diverted to criminals.

The U.S. Bureau o#' Alcohol, Tobacco, Firearms

and Explosives {"A'I`F"}

completes traces of guns used itn crime and recovezed

by ~w enforcement (called "crime
guns"} or police.. ATF routinely contacts each entit

q involved in the sale ofeach crime gun,

..g_

from manufacturer through dism'butoz until zeacl~ing the dealer who ~d~ the rer~

she of

the handg~ux. A trace provides Iaw enfo~rccement with three unporrant pieces
oinfoxmation:
the name o the store tbat first sold the gvzi, the person wlao purchased it, and

the date it

was sold This trace it~fomaaxion indicaties gun trafficking patterns and
highlights corsu~t
gu-s~ stores that supple the cximinat market vcrith illegal guns.
24.

An ATF analysis found that about89% of federally-licensed gtui stores sell

no

cxime guns in a given year. A small number of gun stoxes sell an inordi
nate amount of guns
rbat are used by criminals, with just over 1% o the nation's gun deal suppl
s
ysng S7% of all
cxinns gaxxs trraraced by Iaw e~azcemexx~ In 1998 onlp 0.1% of f~dex~
llq-licensed gvn dealers
sold ~0 or more crime guns.
25.

Badgers recoxd of selling crime guns is vwrse than 99.J~~0 fJ~ OfiIICT d~~

arzd as significandp wc~rsc than some dcalexs among the wozst 0.1/n
26.

Badger Guns and Axz~mo opened is 1.987 aszd drew national headli
nes xn the

late 1990's when.federal data showed that in 1998 it vvas the

lazgest seller of c~:ime guns iw

the United States. The store changed its name to Badg~ex Clutdooxs,
Inc.in JuZp X999.
27.

In the Yeats leading up to xhe sale o the Taurus PT140 Pro

.40 caliber

handgw~ to ,Jacob D. Co]lxns, the ATF norified Baclgex Gums

aad/oz xts predeGessoz ua
interest Badgeat Outdoors,Inc. and Badg~ez Guns.& Ammo that thous

ands of guns they sold

were used in crimes. Phis notice represented only thas+e guns

that the .A.TF was abbe ~o
successfu,Up trace following a gun crime. Tt clid not isaclude guns
sold by Badgex Guns

andjor its predecessor in intearest Badger Outdoors, Tnc. and $adge

r Guns & Arnr~no that

could not b~ traced.

-9-

28.

For the peazs o 1996 through 2000, Badger Guns and .A.mmo aad/ox Badges

Outdoors, Inc. was the nation's tkurd highest firearm dealer o cxime guns, totaling ovcr
1,906 crime gun traces or an average of more than one a day. Outing that same time pcxiod

Badger Guns and .Ammo awd/or Baclgear Outdooxs, mac. sold taro-thirds o the cxi~nae guns
recovered in Niitwaukee.
29.

In 1998 and aga.~a inn 2g00, Badger Gwas and Ammo az~dfor Badger

Qutdooxs, Inc. had the anost cxime guns ~taced to it among all gun dealers in the United
States.
30.

In 2p45, Badger putdooxs, Xsic. vvas agairx number ome among all guns shops

in the nation for selling dime gwas. 'That pear, thexe wexe 537 cximc gRuxs x~cove
red and
paced to Badger(Jutdoors,Inc., an av
31.

of more than IO a week.

Betcaeee~ ~anuaty ZQ06 axxd September 2U09, 1,88 crinne gurxs were linked to

Badger Outdoors,Iuc. and/ox $adgejr Gwns,or more tk~a~r~ one a day..

32.

From 20p7-200 ,six Milwaukee police offxcexs were shop, including the two

plaintiffs herein, with guns purchased fr~ona Badger Outdoors,Inc. and/ox Badger
33.

Gw~xs.

From 2(}07 to 2009,Caine o:E ten straw buyers pzosecuted made their purchases

at Badger Guns and/ox Badgex C?utdoors, Inc. From 2004 to 2009, twenxy
~-one of twentpseven straw bupers prosecuted made shear purchases at Badger
Guns and/or Badger
Outdoors,Inc.
34.

As of 2009, $adgex Guns and Badger Outdoors, Inc. accounted fax xoughly

one-third o:~ all cr~m~ guns traced by Milwaukee police in the preceding

-10-

faux years. No other

store in the static came close to that fi~u~. The next

closest accounted for less than 3% of
guns traced by Milwaukee police dwr~ng the same pezi

od.

35.

~Fad~s Guns and Badger Outdooxs, lac. w~eate informed

by law enforcement

when Thep sold indiv~tdual guns that were tzaced to crim

e.

36.

Each time Badger Guns and Badger Outdooxs, Izzc. sold

a gun ttxat v~ras

z~ecovered ~n connection with a came, Badgcx Gwa

s a~ad/or ixs predecessor in intrresfi
Badger Qutdoors,InG received notice bq a telephon

e call, fax,ox fonax from the ATF.

37.

Badgex Guts, by its owrx cozzduct and by and thro

ugh its predecessor Stzz

interest's conduct,was put on notice thousands of

38.

times that it had sold guns ~d in cxi~me.

$adger Gwns and/or its pred~cessazs ~iz7 iuntexest

Badger Outdoors, Inc. and

Badger Gwns & A.m~o have had a long histo

ry o:~ violatsrzg federal gun Laws.

39.

Iu 19$9, ATF sited Badger Guns &Ammo ax

laws. Later that gear,AT,F cix~d the gun shop

for two
~(?.

five violations of ~ede~ gun

additional va~olatioz~s.

Iar~ x.992, A'TF cited Badger Guns &Ammo or

four

vioXatio~ns o federal gun

Iaws,including piling to record the safe ofazmor-pi

erci

ng ammunition. In 1993,ATF issued

B~adgez Guns & Ammo a warning letter concerni

sxg its violations of federal
1995 and 1999,the gun shop was again cited

ox ~olatizig cderai hw.

41.

In ?.(TOE, ATF cited Badg~ar Outdoors,Inc. or seve

42

Tn 2007,A'~'F cited numerous pzobiems ~w~ith

n ~v:ioladons o~federal.law

inventory and recornznended that its license

43.

Iaw. Betwcan

Badger Outdoox~s,Int.'s f~xxis

be revoked.

Badger Qutdovzs, Tnc. evaded revocation o~ licen

arts
se by changing xts z7ame

to Badger Guns.

ll

44.

In 2008,ATF cubed Budget Guns witth three vitolation

s ofed~ral law and again

warned Badger Guns to comply wit~a edetal law

45.

Badgex Guns,Badg~ac Outdoor, Tnc.,.Adam J..AJlan, V4alt

e~r J. Allan, axed/ox

N.Cltan E. Beatovic ha~re had a routine pxacrice a

engaging zn illegals aw sales, violating
federal firearms haws, and iIlegaUp ox negligently'
suPP~in~ firms to criminals. Their
conduct izx ea~aging in illeg~.l straw sales, violatiang
fedeata). firearms haws, and illegally or
m~~Y ~PP~

~eam~s to ~timinals has been in conomn~~ity with this rout

ine prdcdce.

THE IMPACT OF C~UN SELLERS'BU5~SS

PRAG'1'ZC.E~QN THE
~~tEV,~~CE(,~F CZtTME GUMS
4G.

Defendants knew ox should have known chat the ~rast

rnajorit~ of fir~urms

used to commit criumes in Milwaukee, as througho

ut the country, are purchased fxo~ra. dealers

and diverked to the caaminaJ.mvcket

47.

De~'endants have long been on notice that their distributi

on practices facilitate

the supply of guns to the illegal seco~ndaty and c~im

ina~ zna~rket azxd ~eNad to the criminal use

ofguns in incidents such as the shaorirlg ofPlain

tiffs.

48.

In 19~I9, Bads Guns and Ammo and/ox Badger

Outdoors, Tnc. altered its

sales'pz~cchiices, after ~rhich a published stud

y of ~e effect o Badger's new sales golscy
resealed a net der.~ine in crime guns o~ 70%. The
decline ux the.recover o new guns rom
c~zminals was U.nked to Badger Outdoozs
, Ins.'s policy change, me~anuig that ~~adget
Outdvozs, Inc. knew oz should have known that
the supply of new guns to criminals in
11~ilwaukee was substar~tialip disrupted by its chan
ge in sales practices. Gun dealers, such as
Badger C)utdoors, Inc. and/ox Badger :Guns,
know that ~eix saes practices have a

IZ-

substantial impact ou cam' acquisition of fireamns. Badg

er knew xb~at instituting
reasonable busyness practices ~ouid cuxt~ai~ the flow ofits guns
49.

into the criminal. mazke~

In addition, Badger ka~w ox should have known that the

Unared States

Department o Justice recogcuzed in a report entitled Gun

~o~ence Reduction: National
t~ate~Fu~zms Vialezxce R~1~~tion Strate.~ that gun seller
s' business pxactices cause
criminal handgun acquisition.
50.

The Justice Depar~m~nt exp~ed that ATF, the Treasury

Depaxmnent, and

thefustice Depaztrz~ent would encourage and assist gun sell~z

s, az~d the rest of the handgun

industry, to pre~ve~xt Criminal acgvis:Etiozz of handguns,inclu

ding urging deals to implement

"a code of conduct and comprehensive tzairung for. dealers,

to ensure that handguns are not

sto~eci or sold to criminals or straw purchasers."

5~.:

T3espite these stto~ng recommendations ,and offers o assist

ance that ~aroutd

apex gurn sellers' pxactic~s fat result in criminal acquis

ition of hax~dg~ux~s, the Dee~ndauts
failed and continue to fail to adopt reasonable sales practi

ces desagn~d to zeduce the nutnbex

ocrime guns they sell.

52.

Badgeu knew or should have ktzown that the gun industry

that the sales practices e~naployed by Badger Guns ate zzot

ic~self has recognized

xeasonabZy adequate to prevent the

diversion of guns to ~e cximitnal gun market

Tkxe gun indust~q's trade association, the
National Shootung Sports Foundation {"NSSF'~,with

the as~istancc of the ATF,has itssued a

recommended sales protocol under which gun deale

rs shauld sc.~en suspicious purchase~tss
witkz a battery of questions, beyond those ~regwired by feder

al law, and not sell 6xearnas to a

~3 -

person unless the dealer has no doubts about the Iegiti~cn~.cq o the sale,

even if the pusrhaser

is not prohibited bq eder~l or state law from buying guns.

53.

'I`k~its pzogxatxi recrnnmends that retailers establish the maswmal procedures

in a

basic attempt to prevent illegal purchases,inr.~udin~g the Following.

54.

a.

`~'o simply have your customex fiIl out the required forms and wade:
rgo
the jai backg~raund check maq not be enough under certain
circurnstauces.... Bp including a couple of questions regarding
the
identity of the acxuat purchas~ar in this area o pre-sales sct~enu~;,
retailers caa pmvide a vakiable service to law cnforcernenx and to their
commw~ity without offending a legitimax~ castome~.

b.

".A.m effective way to do this its to establish a stpre policy that every
potcz~tial handgun purchaser vcrxlI be asked ~lae same sequence
of
questions. Xou may even want to post a sign in gout stoic
that
informs the customer o this poiicp. The sign maq read To assist law
ez~.foxcexnrnt it is out policy to go .beyond the Ia~nv in v~;r~ying
the
identity othe actual putchasear oa harxdgun.

c.

"Questzans ox All Pwrchas~cs 'Y'ou Do Not Petsox~allp Know:

~. Is
the handguzx ox you or som~o~ze else? 2. If someone else is this a gift?
~. What ~s the intexzded use: personal pmt~ction, deer huxxring
target
shoorizig? 4. What t~jpe of hazzdgur~ are you interested in or most
comfoz~table with? ...

d.

"I suspicions arise, it is nnore pnidcnt to follow the precautiasaa

ry
principle of polixelp refusing the sale to protect yourself From the
risk
ofconix~uring to a possible sllegal transaction."

Defendants' Failure to exexc~.se reasonable care in their sales

of handguns,

failure to zegcrixe that handgun sellers ollaw "Don't Lie For

the Other Guq," oz a similaz

ptogx~rc~, or a more rigorous program, and :Eail~.te to zequi

re that a sale not be completed
wh~rre there was doubt as to whether the purchaser was
a straw purchaser or othctwisc
intended to transfer the purchased handg~m to another person, or
and proximately caused the injuries sufe~red by the plazxitiffs herei

to use it in crinne, directly

n.

-14-

i
55.

~n reports of which ]Defendants knew ox should brave krzowq the ATF and

others have stated that multiple sales and st~caw purchases are used by ct~minals azid

handgun

rraffickers to obtain. b~andguns. Repaxts and studies, i~acluding those issued by

the fedeeal
government of w~.ich Defendaxxts were on notice, has made these acts clear for manp
56.

p~azs.

Defendants knew ox should have l~now~n that certain factual sc~os indicate

that a p~tospective purchases may int,~d to suPPI~' haaadguz~.s to the criminal handg

un nraarket.

Those sccnarias include, but aze not limited to:

a.

'I've tppe ofgun sold;

b.

The numbea~ ofguns sold;

c.

The time fiax~rie within which mulriple guxxs are sold to a single
pw.c~asex;

d.

1'he type o;f axx~munition sold;

e.

The volume of ammunition sold;

The man~ziex in which the guns are pazd for, such as cash transactions;

g.

57.

Facts suggesting a stxaw pwrchase, such as where one person is

selecting a harxdgun at kxandguns foz anath~ar ox multiple persons, or
one person appears to be s~Iecting a handgun ox handguns and ano~kzex
person pags for them.

Nonetheless, Defendants took no reasonable steps to alter their business sales

practices to nnizximize the risk that they would supply the criminal marke

BADGER,GUNS CONTINUES ~BUSrN~ESS AS USUAL"

a8.

In 2006, .A'~'F recomme nded that Badger Outdoors, enc.'s federal

fireasm~s

1zcense be revoked due to a numbez o~ recorded edexal violations.

-1~-

59.

'~'o prec.I,ude revocation, the then shareholdexs, officers,

and directoxs o

Badgex Qutdrw:ts, inc., Walr~x j. Allan and 1V~lton E.

Beatovic, conspired with .Adam J.
Allan to t~ccansfear ownership of the firs selii~ag and
distributing aspect of Badger
Outdoors,Inc. to Badgex Guns.
60.

.Artic.~es o Incorpotation fox Badger Guns were filed

on Jazxuary 29, 20U7,

listiag defendant Adam ~..tl~lan, who is Waltex~. Allan's

soxz and was an employee o Badger

Outdoors,Tnc. as the i~nirial director and sole shareholder.

61.

Badger Guns applied for a Federal firearms license. Whex

~.Adam J..Allaan was

i atexvi~wed as pare o the appxoval pxocess, he indicated

he would nxake fear clams in the

store. Badger Guns was oz~ notice o Badger Outd

aozs, ~ne.'s history of suppipizig an
inordinate number ofcrime guns to the c~zninal market
62.

Ater Badger Outdoors, Inc. voluntarily relin

quished its Federal fireaxms

license, Badges Guns .resumed the firearms s~llin~

operations at the exact same Iacat

[on as

Badger Outdoors, Tnc. kaalting xe~vacatzon pxoceedix~

gs again

st Badgex Outdoors.

G3.

Badger Outdoors, Tnc. continues to be a viable W~isc

ozxsin corporation, with

Waltex J. Allan and Milton E. Beatov~ic listed as owne

rs, aficexs and/oz ciurectors. Walter,J.

Auan is now ~n employee ofBadgex tCuns.

G4.

Badger Guns adopted and ~rexained Badgex ~utd

oozs, Tnc.'s negligexzt and

illegal busizxess policies arxd pracrices. Badgex Qutd

oors, Inc. was a tap crime gun supplier,
and Badger Guns has xet~ined that mantle.
G5.

Gun dealers such as Dcendants are not xec~uired by

ATF ox anyone else to

compXete a sale to anyone. Gun dea~exs, like .any othea

r business, retain the

-~6-

right to zease a

saXe. Reasonable gun dealers question the pxospecrive purchaser to deter

mine

whether the

pwtcbase~r is suitable and decline to sell i~ reasonable suspic

.~ons arise.
66.

Fuxthe~,under the National.Shooting Spores Foundation's st~nda~rds

"Don't Lie Fox The 4tlaer Grry" make clear tk~at "~f suspicions arise, it
follow the precaurionary p~rxaiple of politely refusing. the

as Bart of

is more prudent to

sale to pmtect yourself from

the risk of contributing to a possible illegal transaction. It's not just good
business. Xt's y~ssr
~pansibility." (Bold emphaszs th~ixs;italics emphasis added

).

67.

Atez Badgez Gwas resunned the gvn selling operations, it not only adopt

ed

the deficient pr~licaes of Badger Qutdoors, Tne.,its pxaetiGes of negligcndy

and illega~;y selling

and ent~tusting :6x~xns became worse. .The .West Milwaukee Polic

e Deparnnent
encous~tercd Iess cooperation rom the new oumer of Badger

Gurxs, Adam J. tlliaz~. ~i7hile

calls to law enforcement zeporting fugitives, weapons violarions

az~.d suspicious people at
Badger C3c~tdooz~s, Tnc. averaged about 3q pez peaz wnril 2UOG,that 6g,~re

dropped xo 10 calls

in each of the ~vliowing two years, whexi Badger Guns resum

ed apexations. From January

through ~ctobeac 2409, there were only owr calls.

After the 2009 shooting of two

Milwaukee Police C?fficers, the Milwaukee Police Department iniria

ted an 11-week operation

focusing on Badger Guxas that discovered elozxs routix~

e.~y used Badger owned gwas on
Badgers' shooting range or target practice; seized 12 guns from
felons and others leaving
the store; and spotted Felons f~equendp going in the store or wairin

g outside. Initia~lp, l~.ilan

reused to check the identificaxzon of peacsons using the range

to det~nxaine ai they were
felons because he said the law didn't requsxe it

'his practice resulted in Badger Guns

entrusting firearms to felons ar~d felons routinely shoppiu~g ox firear

ms at Badger Guns.

_ ~~..

!
68.

City of~hvaukee ChieF of Police Edwazd Flgnn has described Badger Guns

as "a cancerous Zesion one Milwaukee right now It is attached to us even thoug
h it ~s not in
owr cite, and the pos`.son it creams ~s seeping onto our streets and causin

g havoc."

G9.

Notwithstaxidiug the above notice, anti notwithstax~dir~g the act that Badger

Guns and Badger Qutdoors, Tans. were aware that the axcumstances
o the prior sales of
those guns had xesulted in caunt~ess mac shooriags like the one. undexl
ying this case,
Badger Guns analjor Badger Qutdogxs, Inc. persisted. in n;a~ing
these guns available to
crimucxals who Badger Guns andJox Badgex Outdooxs, Inc. knew
or should have known
were using them ~n crimes.
7U.

Deendarits knew or should have known that unless they used reasonable care

and oIlowed the Iaw izi the sale and distabution of handguns, ct~min
als and handgun
traffickers who supply criminals, such as defendant Jacob D. Collins

and Julius C. $uttozz,

would obtaux handguns and use them to cause is~jwry or dead.

71.

Deenclants knew or should have known that unless they used xeasonable.care

and followed the law to prevent multiple and/ar peat sales o:~ gwns,
c~rimin~als az~d ~andgwn
traffickers rho supply criminals, such as defendant Jacob D. Collin
s and Julius C. Burton,
would obtain handguns and use ehem to cause izzjuxq.
72

Defendaxxts knew oz should have knawcx that unless theq used reaso~zable care

and foIlowec3 t.~ze lava to prevent straw purchases of guns, critz~in

als and handgun traffick~ats

who suppip criminals, such as defendant,~acob D. Collins and Julius

handguns and use them to cause injury.

-~8-

C. Buxton, would obtain

73.

Defendants kn~v oz.should have known that unless theq used reasonable care

aad followed the Iaw in the sale and distribution o~ handguns, c~rnina~s and handgun
traffickers, such as the de~adant ,jacab D. Collins and Julius C. Bwt~on, and illegal and
cximinal, usexs, such as~ Julius C. Burton, would obtain handguns, and that ixagic shootings,
such as the shooting undex].ying the instant case, would oreseeablp result.
74.

Defendants knowingly and in~tionally chose to sell gwns through dangerous,

high-risk., uxu~asonabie, irxesponsible atad wrila~rful sales practices in oxd~r to pmSt of#'of
the cruninal~ gun m~axl~et This conduct was undertal~en at the expense of inx~o~ent persons
who would be fozeseeably ivajLued or k~led as a zesuit oth~r neglige~ace.
BADGER'S NEGI,~C~ENT AND ILLEG.~.L S.AI.E OF THE WFA~PON TO
~OLLTNS A.1~D THE SUBSEQUENT S~IOUTING
75.

Prior to May Z, 2409, the defendant Julius C. Burton asked the defendant

Jacob D. Collins to purchase a gun or Burton. Burton acknowledged that he could nox
pwkrhase a har~dguxx ozz his owq as he was only 18 years old. Collizzs agreed to purchase a
handgun for Bwr~an in e~clhange for X40.
76.

C~ M.~,~r 2,ZOp9,~julius C.Burton and Jacob D.Collins, dro~re to Baclg~ex Guns

to purchase a gun. Bcyrtvn gave Colli~xs mon~p for the purchase. Burton and CoIlins entxa~ed
the stare togethear, and Burton picked out the Taurus PT140 Pro .40 calt`ber harxdgc~xa.,
stating,"I`hat's the one T want" Collicxs then purchased the Tawtvs PT'140 Pro .40 calibear
handgun az Buxton.
77.

When filb'.ng out the. required F~reatms Transaction Record, A.'~'~ Fozxn 4473,

prior to the purchase, Jacob D. Collins provided several false and suspicious answers. In
response to the question,.".Am you the actual bc~rper/rxansferee o the firearm listed on this

-19-

oun~", Collins izutiallp checked "no_" Howcver,

at~ spc~ng wixth an employee o Badgat
Guns and/or Adam Allen, Badger Guns conspire
d with Collins to change his answex to
claim falsely xhat he was the actual buyer of

the gun. Collins t~xen ch~~nged his ans~uver to

`eyes" to assert thax he was the actual t~anser

e.~/buyer of the

fire~xn. Collins paced his

initials of<~C" above his changed answer.

78.

Collins also gave a false home address end falsely stat

ed that he was not a user

of marijuana. Collins itn f~.ct lived at a d't~'er~nt

address and was

a maajuana user, who had

been using marijuana, since at least 20p7.

As a drug user it was unlawful for Collins to
purchase a firearm ox for the defenda~ats to sell
him a ~ireaxm. Badger Guns knew or should
h$v~e known that Calliz~s pzovided false info
miauon oza the Four 4473.
79.

On May 4, 2Q09,~Julius C. Burton and Jacob U. Coll

insretumed to Badges
Guns to pick up the Taurus P`~140 Pzo .44
calibar handguxi. Burton patd Coins an
additional $ZU to pick up ammunition for the
handgun. Collins picked up the weapon and
aix~unition azxd t~zen gave the haxidgun and the
ammunition to Buz~on.
80.

A short "rime-to-crime"(the rime traced between

when it is used ox recove~rced an

the safe a xhe handguxt and

} is, accarc~ing to tl~e ATF, an indicator that the

handgun vvas illegally mafficl~ed. A time-to~

time o~ wee yeazs is cons7idexxed shoat. Zn t3ais
case, the rime-to-rxime was just thirty sip days
, which is a strong indicator o~F an illegal gun
sale.
81.

$adg~ar's conduct in selling the Taunus gun to Collins

canstiwted negligence,

negJ~genr entrust~nr~~~ negligence per se, and

a kinowing violation of State and Feder
statutes, speraifically including but not limited to
18 U.S.C..~~ 922(a),(b~,{d~,(g~,(zn); VPs. Scat

.. 2p ..

 175.3, 941.29, 948.6{); and edera~ and state aiding and abetting
and conspir~cy Iavvs,
which are all applicable to the sale and marketing o fireanans, amd
the violations were a
proximate cause of plair~tif&' hamn~.
MY.i
82.

t ~~i~

On June 9,2009,at around 3:30 p.zn.in the area ofWest Narional Avenu

e and

Sowh 2~ Sheet, Q&cers Bryan l~arbezg and Graham Kunisch were in fixll
in a marked squad car.

unzfo~rned pavrol

Thep sxw Julius C. Bwrtou riduag k,~s bicycle on the sidewalk,

bordering Nation Avenue,contz~y to Milwaukee Ordinance 102-8.

83.

Bxyan Norberg arad Gzaham KuxusGh cvmrnanded Julius G Burton to

stop,

but Burton, disregarded the officers' commands and Continued to zid~ hits
bicycle on the
sidewalk bordeung National .A~~rez~ize. Burton.then turned southbound
and rode his bicgcle
om the sidewalk bordering South.2~ Stc~eet
84.

Brp~n Norbexg exited the squad ra~r amd continued, to c4mzx~a~nd

Julius C.

Burton to stop. Burton i~,mored the command Norberg pursue

d Burtoza to detain and
question him. Just noxrh of $19 South 2~ Stxeet, Norberg
caught up with Buxton and
att~ampt~eed to ta.~k to hun.

Burton began flailing his atxzxs and attexn~t~d to flee from

Norberg
85.

Gxaham Kunisch parked the squad car and exited the vehicle near
where

Julius C. Bwrtoza was attempting to flee. Both officers then attemp

ted to gain control of
Burton, who begin fighteinng aggresszve,~y. B~ryazx Norbearg was standu
xg belxind the suspect,
when Burton pmduc~d the Taukrus PT140 Pro .40 calibear handg

un pzevious~p purchased by

Jacob D. Collins. Burton feed the Taurus and shot Norbearg izx
the face. Button then. used

_ 21 ..

the Taurus to shoot Kunisch several times. Burton shot at the officers s~:veral more times as
tlxey were on the gxound Sven spent matching .4{} calibex casiz~;s, GFLS, were later
recovered from the scene.
86.

Julius C. Buartiom fled the scene. He was Found by police officers shortly

rhe~reater in nc~ basement o a ho~xse at 922 Sowth 3~ Street Bwr~on was found to have on
his pexson, among other dzings, ten unfixed cartridges of .40GFI. ~cownds and one loose
.40GFL bullet ux kus pocket. The Taurus PT34{l Pra .4t} caliber handgun that Bruton use
to shoot both Gxaham Y{unisch a,ad Bryan Norberg was also fawnd iu rho basemen
87.

G:taham Kunisch sustained a number of gunshot wauz~ds, including: a

thtaugh and thmugh shot to the left side o his aneck, a grazed shot to the back of kus head,a
shot to his let shoulder, a shot to his left. hand, a shot m the let side of his nick that
shatt~ared t#~e eye oxbit, comti~aued through his brain cavity and exited the tap of his head, all
causizxg substan~tiaJ. and per~mazxent injuries.
$$.

Bryan Norbe'rg sustained a gunshot wound that:entered his mouth and exited

the right cheek, and a gwn~slxot wound to tl~e xight shoulder, all causixzg substanti~ and
.
pea~nan~nt injuries.
89.

Julius C. Burton was .later charged with, and pled guilty to, two count's of

attempted first degree intentional homicide, cont~y to Wis. Scat ~ 94fJ.01(1)(a). State
v
Burton. Milwaukee County Case Na. 2009CF002823. Burton, admitted his guilt axed
pled
gu~ItY to the chaffs.
90.

Jacob D. Collins was l~.ter chaxg~d by Fhe Uzuted States o Axannerica wixh

rzolaring, among others,l8 U.S.C. 922(a){~,922(g}(3),and 924(a)(2}, for falsely stating

.. 22 _

that

he was the actual purchaser of the firms and cn qt stati

y
ng tbat he was not an unlawful.
. use~c o controlled substances. United States v. Collins,
Case No.09-CR155 {E.D. Wis}.
Collins admitted his guilt and pled guilty to the chaxges.
CULTNT ~ NEGI.YGENCE tBAT)GER GUNS~BADG
ER OT7TDOURS.ADA.h~_I,~
ALI.,AN,VPAL R J. A~I~.AN~ MILTON E.BEA.TOYIC~
91.

Plaintiffs incozpoxate and reallege the above p~~ragraphs to the

tent not

inconsistent here.
92.

Badger Gwns, Inc. (hexeinaftc~c `Badgex Guns) and Badger

Outdoors, Inc.

(hereinafter `Badger Outcicaors"} are vicariously liable ox

the actions oz inacrions o thcar
agents attdJor emplop~es w3~iie iri the scope o their agency
93.

acid/ox exnployrr~en~.

At all relevant times, defendants Badger Guns, Badger Outd

oors, Adam J.

Allan, Walter J. Allazx, and/ox Miltozx E. Beatovic were

subject to tlae general duty imposed

o~n aiI persons not to expose others to z~easonably foze

abl~

x~sks of injury. Defendants

$adger Guns, Badger Outdaots, Adam J. Allan,'Walt

er J..All

ax~, and/or Milton E. Beatoviic

had a duty to e.~ercise reasonable caxe in se}liwg gams axed

to refrain from.end in an~p
activzty creating reasonably foreseeable risks o ~njuty
to others. Breach o~ this dutq
consritutes ncg~ig~nce,including ne~li~nt eutrustmeant o
94.

the fiteazms itt~elf

Badger Guns, Badger Outdoa~rs, Adam J..Allan, Walte

x~J. AIIan, and/or

Milton E. B~atovic ~rzew or had reasonable cause to

believe that the actual bup~ar of the
handgun, Jacob D. Coliir~s, was prolriibited from possessing
ox receiving. a fizeaxm and as
such that itts sale o a fiream~. to him was illegal. Federal
gun laws preclade selling a &rim
or ammunition to, among others, "straw buyers" (whe
re an illegal or othexwise prohibited
buprx uses another prarson to acquixe .one or.more handguns

23

fxom a g2ui.dealer) and those

who use or are addicted to unl~wut dxugs, inclu

ditug any ~S~tson who un~awfuliy uses
maritjuana, dep~neessants, stimulants, na~otic drug

s,or othex controlled substances. Jacob D.

Collins was an.-admitted usex o unlawful drugs

and dxug addict a nd was a suave buyer for

)alias C.Burton.
95.

The sale of the Tauxus PT1~0 Pxo .4p caliber hand

gutz to defendantJacob D.

Collins was w~lawful and negligent in sevexat zesp

ects, uxrluding, but not 3imited to: Badger

knew or should have known that Jacob D. Coll

ins was a "stx

aw buyex" based on Badg~x's

knowledge of stxaw purchases and xn rhat Colli

ns, among others, was pzesent with a person

who could not lawfully pwtck~.ase a gun. Qulius C. Buxt

on}; he did not pick out which gun he

Iat~ purchased (Burton identified which gun Coll

ins should purchase.bq stating `~T'hat's the

one ~ wa~ra~.'~; he initially filled out the Fireaans

Txansaction Record, ATF Form 4473,
indicating that he was not the actuat buyer/tr
ansferee .and conspired with Badger Guns to
change that answer, acid that he provided a
False homc address. Further, Badgex l~czew ox
should have known thatJacob T~. Collins was
an admitted uscr arsd. addict of u~xlavv~'ul drugs,
making it uniawFui for him to purchase a firearm.
96.

Badgex Gwas, Badgcr (hxtdoors, Adana J..A

ilan, Walter J. Allan, analoz

Nfilxon~E. Beatovic arere also neglig~t in empl

oying deficient c~ucstionir~g arxd srreecung of

customers, including the deendazit, Jaco

b D. Co]1~ns, to determine whethez it was
reasonable and Iegal to sell the prospective purc
haser a handgun.
97.

The ~ircuur~xsfiances mentioned above corts

~idered individually ox izx_ the

aggregate would inform a xeasanable and law

abiding gun seller that the purchaser Jacob D.
Collins was an wnlawful purchaser or had illeg
al ox unreasonable

-24-

intent .A, reasonable and

lawabiding gun sellex would have known that

Jacob D. Collins was not ~ purchasing the
handgun for his personal use. A. reasonab
le and lawabiding gun seller would have known
that defendant Jacob D. Collins intended to Unre
asonably use and/or distribute the
purcb~sed weapon to the arimtnal handgun, mar~
Zet
98.

Badgear Guns, Badgt~r 4utdoo~rs, Adam J. Alla

n, ~t7alter J. Allan, and/oz

Milton E. Beatovic foreseeable knew or shou

ld have known, that innocent pParsoms such as

the plaintiffs hetexz~ would be injured as a resu

lt

99.

Such conduct was in knowing vxo~axion

of State and Federal, statutes

applicable to the sale and m~a~etzng o~ firearms

, and the violation was a pm~.imate cause of

plaintiffs' ha~tn.
1D0. The negligence o Badger Guns, Badgez
tJ~u

tdoors, Adam J..A11azx, Wx]t~er ).

Aitan, axedjot NIi).toz~ E. Beatovic as ~eg

ed, directly .and pro~ixinatelp causcd petmaneni
injuries as~d damages to the. plaintiffs, Bryan ~Tar
berg ar~d Graham I{wnisch, iuncluding past
and fat~ue pain, s~xfferuxg, disability, and
loss o enJogzncnt of life; past wage loss and
imp~aisment of futlue earning capacity,
past end future medical e~pez~ses; and other
compensable injuries amd damages, all to thei
r damage in an amount to be detemzitied at a
vial of khis z~natter.

1Q1. Plaintiffs incotpoz~te and xea~ege

the above paragraphs to the extent not
inconsistent here.

-25-

\J

1a2. Bach Gwas, Badger outdoors, .Adam J. Alla~a, Wastes ~..ADan,

andJor
IVGlton E. Beatovic bead control o~ the subject Taurus PT14{} Pro .40 calibe

r handgun. at aI1~

ma~ial times prior to selling it to Jacob D.Coitins.

103. Def~adazatJacob D.Collins ber,~me entitled to possess the Tauru PT14
s
0 Pro
.40 calt~ex handgun oniq by the consrnt o~ Badges Guns, Badger Outdo

ors, Adam J. A.11as~,

WalterJ. Allan, andJoz ZVIitton E.Beatovic.

1{?4. Badges Guns, Badg~at Outdooxs, Adam J..Alla~t~, Water J. Allan,
a~xd/ox
Milton E.Beato~v~ic k.~ew chat by withholding consent to sell the gun

to Jacob D.CoJlis~s ti~ep

could prevent hi m from possessing or using the Taurus PT14U Pro .4U ca]iber

hazxdgura.

105. It was zeasonablq foreseeable to Bacigex Guns, Badger Outdo

ors,.Adam J.
Allan, ~Ialte~r J..AI~n, a~ud/ox Mi.ICon E. Beatovic that supplying the
handgun to ~acab D.
Collins would result in Jacob D. Collins' unreasonable use grid/oz traffi

cking of the weapon

as pxahibited by law,asxd othexs would be ~cvouz~ded oz k~iled witth

the g~ui. ~t was xcasonablq

foreseeable t]aat ,Jacob D. Collins was likelq to use xhe pxodu

ct inn a manmer irroolvitxg
u~u~aso~aable risk of phpsi~al injury to others.
IOG. Badger Guns, Badger Outdoozs, Adam J. Allan, Wa~t~ J..All
x
an, andfor

N!a`lton ~. Beatovic neglig~zdq peznutted 3acob D. CoI)lns

Co acquire . possession of the

Tauxus X40 Paco .40 caliber handgun, when they knew oz shoul
d have know that Jacob
D. Collins intended or was likelq to use the Taurus PT140 Pxo
.40 caliber handgun, ox to
engage in aGtivi~jr, in such a ma~ex as to create an unneas
orxable usk a Iaarsn to others.
Such activztp included but was not limited to gan txaf'ficking and
illegally reselluag or

-- 26 -

dism'buting the Tauxus PT'140 Pro .40 caliber b~andgwa~ to someone such as the

defendant

Julius C.Burton who was prohibited by law from braving the giui.
107. Badger Guns., Badgez Ouxdoors, Adam J. 1~.Ilan, Wali~er J. Allan, and/o
z
1VGlton E. Beatov7ic knew or should have knowia that Jacob D. Collins izxbe~n

r~ed or was Iik+e3y

to engage in such activity.

108. It was reasonably foreseeable to Badgex Guns, Badgrs Outdoors, Adam
J.
Allan, Waltex ~. Allan, and/ax Milton E. Beatovi~c, and they kn~ccr ox
s~aould have known
based on the c3rcumst~nces swxowading the sale, that Jacob D. Collins

was not buying the

Taurus P'I'140 Pxo .q~0 caiibcr ha~ndguxx for his pexsox~al grid lawful use but rathex
foz w~lawul use,including transferring it to sazxieane prohiUited

intended it

by law from purchasing the

gun firom Badger Guns.

~09. Badgex Guns, Bads Outdoors, Adana J. AI}an, Walter J. Allan,
andlor
Mitxon E. Beatovic supplied the handgun for use by ar~othex person
when they knew ox
xeasoz~abiq shoutd havc kuawn Yhat Jacob D. Collins wxs Iikelp to, az~d
did, use

the handgun

in a maxir~ex involving wareasorzable risk of phps~cal iu~jurp to others

110. Badger Guns, Badgex Outdoors, .A.dar~ J..Alla~z, Walter J. A]Ian,

and/ox
atom E.$eatovic's n~~t enmisstrnent of the Taurus PT"t40 Pro

.4U caliber h~andgux~. to

Jacob D. Collins dir~cdy and p~raxiYnatelp caused pern~anent injuri

es and damages to the
plaintiffs, Bryan Narb~xg and Graham Kwnisc~i, zz~clucizng past az~d
futuxe pain, suffea~ang,
disab~ity, and loss o enjoyment of life; past wage doss and impaixmer~t
of futwre eami~g
capacity; past ar~d future medical expe~ases; and othex compensable injuri

cs and damages, all

to their damage in an amount ro be detea~mined ax a trial of this matter.

_27..

!f

,_

M~~1~ 1' f~ 1

111. PJaintifs ancvxporate and realtcge the above paragraphs

to the ement not
inco~aszst~ent here.
112.

Deenndant Jacob D. Collins was initially in control off' the Tauru

s PT14U Pro

.4o calibex handgwa.

113. De~dant Jacob D. Collins pexmitted the defendant
,Julius C. Burton, an
unlawfiil possessor and/ox purchase.: to use the'Tawrus PT14
0 Pro .40 calibex ha~adgun.
1~4. Defendant Jacob D. Collins either knew or in the esetc
ise o ordinary care
should ha~re down thatJulius C.Buxton int~ded ox~likely

to use the Tawtus I?'i'14a Pro

.4~ caliber handgun in a waq .that would create az~ unrea

sonable x~sk o hams xo others,
including the plainriff's herein.
115. Defezxdar~t Jamb L7. Collzna' ne~lige~nt ez~tx~xstmes
~t of the Tawru

s x'140 Pro

.4U ra~et hanc~gun to the defendant Julius C. Burton direct

ly and p~roxirnatelp caused
permanent ~njuriites az~d damages to the plaintiffs, Bryan
Norbexg and Gxahain Kunisch,
including past and fixtwre fain, suffering, disabiliey, and loss of
loss and impainm~at o Eutare earning capacity; past and

~rzjopment of life; past wage

utux~ medical e~pens~s; and other

compez~sable injuries and danr~ages, ail to their damage uz

an amount to be detexxnined

at a

trial of this matter.

COIJl~ IV AS5A.U~.'T.AND BATTERY(lUL1US C.
BURTON)
1~6. Plaintiffs incorporate and xeallege the above parag
raphs to the extent not
inconsistent here.

..zg

117. DefendantJulius C. Button hfad the unlawful inten

t, and pxesent

abi}ity, to do

Phpsicai harm to the plainriffs Bryan Norbexg and G~raa

hhun Kuni~h.

11$. D~fendan~ Jutius C. Buxton made mecnaccaing php~ical

movements toward ~e
pJaintis ~3zyan Norbetg and Graham Kur~sch that wears
c.~ose enough to the plaintiffs to
justi~y a reasonable feat o physical haan.
119. Through the acticans of the de~ndant Julius C.
Burton, the p~azt~tiffs Bryn
i~orbe,~ a~zxd Gzaham Kunisrh wexe put in ear, had
reasonable cause to b~ieve, and did
believe, that the defendant Julius C. Burton had a prese
~at abilitp eo cause immediate and
harmful bodilp cornact and/ox phpsiral ha~.xn to them

azxd did intend to cause physical harm

to them..
12q. De~Eeaclaiat Julius C. Buxton had an isrten
t to cause the pla'sxiti~#'s Brgan
Norberg and Graham Kunisch harm ox the .intent to
put.the plaintiffs

in eat that physical

harm was to be committed upon them.

1.21.

N~ithex Brgazx Noxbexg nor Grahann Kunisch consented

to being assaulted by

Julius C.Burton.
122. Defecuiazrt Julius C. Buxton intentionally
.caused bodily hazm to the plaurtiffs
Bryan Norbesg and G~ham Kunisch bq shooting

them rcpeatecUy with a Taurus PT~40 Pro

.4(} ralibear handgun purchased by the straw bupe

zJacob D. Collins.

123. 1~eaExhcx Bryan Norberg not Grahaxzx Kuni~h conse

nted

to being ba~~red oz

shot by Julius C. Buxton.

124.

Defendant ,Julius C. Bwrton's assault and battrxy

on the plaintiffs Bryan

Norberg and Gz~aham Kunisch dixectly and proxi

mately caused. permanent injuries and

~~

damages to the plainti.~fs, Bryan Norbetg and Graham Kur~isch, including past and afore
pain, suffering, clisabilit~, and loss of eujopment of life; past wage loss and imputmenz of
futut~ e~rniag capacitp; pest and future medical expenses; and othex comp~nsable injuries
aad damages,aII to their damage in an amount to be deternusxed at a trial othis mateex
COUNT V --I~TEGI.~GENG~ PER SE CB~DGER GUNS BADGER OUTD40RS.
,ADAM J. Ai.L~AN~WALTER T~L.A1Y,MILTON E.BEATQVICI
125. Pl~aintifs incozparatc and reallege the above paragraphs to the +eutenC not
inconsistent here.
126. Badger Guns, Badger Qutdoors, Adam J..Allan, Walter j. Allan, and/or
Milton E. Beatovi~ violated Federal, state, and local statutes, regzYlations, and oxduzances by
enga~sz~g an illegal straw sale to an uz~lawf~ purchaser.
X27. Badger Guns, Badger Outdooxs, Adam )..Ailazx, Waitex J. ,Allan, and/or
Milton E. B~tovic's vatolations oflaw wexe a direct and pro~izxiate cause off' the shooting of
plaintiffs azxd xhe uijuries alleged herein. These Iacvs aze intended to protect public saetq by
preventing uxilicezased and dangerous dealing of gwns and the acquisition and misuse of guns
by criminals, childxen, and othez ixrespons~ible individuals. The statutory Pwr~ose of these
laws is ko avoid or duYuruish the likelihood o p}aintiffs' harm that resulted from the
~ioIation~s and to protect plaintiffs from the parricula~r type of harm thep suffered hexe.
These violations caused harm of the kind the laws wexe intended to avoid, and p1~aiutiffs
were vv~ithixm the c]ass o~ persons the laws were intended to pxotect

_3p..

'--r

12&. Plaintiffs incorporr~te and r~~~ege the above paragraphs to

the extent not
inconsistent hire.
129. At same pourt duxing or befoxe 2007, Badger Guns, Badger Qutdao
~rs, Adam
Waltex

andJox NC.ilton E. Beatovic

~hcatl un h4t

or tacid con u

collaborated, agreed to, and/or ~axticipated in a combuiarion

to accomplish an uniawfi~l
puxpose ox to accomplish a law~ul purpose by az~ unlawful means.
Said conspiracy :t~nvolved
the urte~tional. participation of the actors rza~enrioned above with

a view to the fiu~therance of

a common deszgn to dxsxegard the law,incluc~ing Theis obligations under comm

on law.'Z`h~se

actoxs conspired to continue ~o uiilawfizilq and urueasonablp sell fz~tear

ms ~cvithout exercising

ordinary care in order to make a profit, including by pr~uciing ATF

from revoking Badger

Outdoozs fed~xal, firs license. Ixx fi~therance of sand corzspi~cy,

Badger Guns was
czeated to handle the fircaxms selling and dismibudon aspect o
Badg~ac C}utdoors, whip
~iadger Outdoors continued to exist with all of the principal acto~:s

urvolved to some extent

130. Badger Guns, Badger Outdoors, Adam J. Allan, Wa~tex J. Allan,

and/or
N~lton E. Beatovic, knowingly and ~zate~xrionallq advised, encouraged,
ox assisted Badger
Guns ixA cauyivag out acts to conrinue to unlawfully and unreasonably

sell &x~~s. Badgex

Outdoors,Adam J..Allan, Walter J..Allan, and/os Milton E. Bcatovic

uxged and acquiesced

in Badger Guns' conrinued negligent sale of weapons, and Badge

r _Guns coz~rizaues Badgear
Qutdoo~rs'practice ofsellimg weapons knowing their hazardous prop~x

ries without exercising

_3I

or~~ir~xy care, isacludirsg the sale of the fiteann

to Jacob D. Coilizis, all as a result a~ said

implicit, amplic~,oz tacit collaboration,ag~eexnent,oz pazti

cipation.

131. Badgrt Guns conspired wz~rh Collins to chan

ge his a~asvves on fhe Fitearu~s
Tzansaction Record, ATF Form 4473, wbeare Collins

initially inclicated an the oxm that he

was not the actual buyer of the hatxdgvn~, to clai

m wisely that he was the ac~tua~ buyer of the

gExn,in violarion oState axad Federal law

132. Such conduct was in knowing violation
of State and Federal conspiracy
statutes, which are applicable to the sale and

marketing o fireauns, and the violation was a

pro~nate cause of plaiunti~'s' halm.

133_

Said conspiracy dztectly and proxzmately caused pesxx

~.aaent injuries and

damages to the plaintiffs, Brgaz~ Norberg and

Graham Kw~xisch, incl~udi~g past and futwre
pain, suffering, disability, and Ions o enjoymen
t o life; past wage loss and impairment of
afore earnixxg capacity; past and fiztute medi
cal expenses; and ocher crnnperasabXe uxjw~iss
az~.d damages,all to their daim~age in an amou
nt to be determined at a trial of this mats.
1~ 1~ t ~

~ ~~

~_._sue :~' ~ ~

_~..~~

1M

i~

_~

134. Plaix~dffs incorporate and xealle~e the abov

e paragraphs to the

~ ~

tent not

inconsistent here.
135. Each of the defendants, Badger Outdoors
, Adam ]. AIIar~, Walter J. Al~zx,
and/ox Milton E. BeatoviG, aided, abetted, enco

uraged, urged and acquiesced in the manner

by which Badger Guns operated its business puz~sr

ait o profits absent exexc3sing reasonable

care. Such Defendants acted in concert with each

othe

r in Che ~xeglige~nt operation of Badgrx

Guns, including the continual pxa~tice ofnegl

igent entzvstment o fi~reamns to purchasers

-32-

such as Jacob D. Collins, bys~gun selling resPonsibilitp

to Badger Gtms, by clixecting

and pravicling advice and encouragement to Badg~t Guns,and

by othe~zw~.5c acting recklessly

and negligently
13G. Such conduct was in knowing violation o State and
Feder aiding and
abetting staturces, which aze applicable to the sale azad ~narke
tia~xg of fi~eanms, and r.~ie
violation was ~ proximate cause oplaintiffs' har~rs.
137. Sucks conduct bar said Deferidauts was known to b~
ncglige~nc and

rer.~less aszd

was a direct and proximate cause of the injuries and

da~agcs to the plaintiffs, Bryan
Norbetg and Gxaham Kunisch,including past and fiztuxe pain,
stx~'fexizx~, disabi

lity, and loss

of enjoyment a life; past wage doss and unpairment of

future ear~ung capar~tp; fast and
future medical eacpenses; and other ~ompexasab~e injuxies
an amount to be det

and damages,all to their damage in

ed at a trial o this matt~t.

COUNT VIII - PUBLTC NUISANCE

13$. Plaintiffs uxcozporate and realiege the .above parag

~eap&s to tb extent xzot
uaconsistent hexe.
139. BY negligently, reckless~p, and/ox znt~itioz~ally selli~ag
vast quaiat

iries ofguns in

a manner that ensures a steady flow ogins in large quanti

ties to illegal ttaffic~ers, the legal

secondary maxket~ crimiria'ls, juvez~les, and others prohi

bited by law- from h~v~g guns
arxd/az persons with c~.xzninal purposes, I3efendants
have negligentty and/or knowinglq
participated iri crearing and maintairiing a,xz unxeasc~nable intei
fere~ce with the rights held in
common by the general public,constituting a public nuisa

nce under Wisconsin law. ~thaut

limitarion, the acts and oxxussions of the Defendants as

alleged herein cause, create, axed

-33-

maintain subst~nt~a], and uru~easonable int~rf~ence with

the public's heatth, saetY
rornresxience,comfort,peace,and use opublic pmpeny and/ox privat

c property.

140. The acts and omissitons o Defenda~axs as alleged. hexei substa

n
ntially and
unreasonably int~tfere with the public's use o public fac~kit inclu
ies,
diz~ the use o public
highways and a~alkwa~s. Public highways and walkways are substa
ntially aad unreasonably
unsafe because o the presezzce o dime guns i11e~alip
sold and uegligerxfly supplied by
Defendants.

Deez~.dants' acts amd omissions as alicged herezn substantially a~d

unreasonably (a)increase the numbs of criz~ae guns in

and on public fa.cil~tties, i~c~uding on

public hzghwaps and walkways, and (b) ivacrease the d~xe

e to winch wr~avvut possessoxs

in

and on public facilities, ixxcluduig orgy highways and

walkways, are ill~ally aimed with
weapons.
X41. Numerous members oaf the public aze killed, injure
d, or ix~vo~ved in cxuYunal
acts each year as a result of cxinae guns neglige~nntlp
Bald and entrusted by the Defendants.
Defendants' acts and omissions as alleged het~in cause.
a substanrial anc~ wareasonable
incxease in the ntunber of members othe genexaI public

who are killed and ~ir~jured by czime

E:
142. Defendants' acts a~xd omissions as alleged herei
n cause substantial and
unreasox~able ixxtexferences with the public's health, safety

, coanvenie~zce, comfort and peace

tzz numerous other ways, iuncluding. (a) increasing

the nwmbeat ofwnaawfiil possessors of
weapons who commit violent cximes against zsinoc
ent membexs of

the ge~a~ral public; (b)

increasing the number axxd severity of property crime

s committed bq xhose in possession o~

crime guns against innocent members of the general

-34-

publz~;(c) incrcassng the number and

severity o incidents zn wbach those in possession o c~ix~ae guns disturb the peace by being
disorderly; and (d} in~rea~xg ~e azriount o society's xesouxces that are diEVTexted toward
dealing with the pzoblems asso~aabed with the possession of crime guns negligen~lY sold bq
the defendant gun dealers.
143. The Defendants know oz have season to know that the ac~.s acid omi~ssitons
alleged hemin caused substantial and unreasonable isxterfexences with the public's health,
safety, convenience, comort, peace, and use of public facilities. The Deemdants' acts acid
omissions as alleged hex~n. vsrexe undertaken with n~t and/ox irxte~xdonal disregard of
the xights o the gez~.exal public. Decnda~ats knew that they could have taken piecaurions
that would have eliminated or minimuzed the injuries xo the ges~etal pulalic but theq chose
not to take those pxecautiosxs ux order to maxu~aize their revenues azzd profits.
144. '~'he DeFendants' inxearerence with the public's health, safety, convenience,
comfort, peace, and use of public faalities xs w~xeasonable, unlawful, substaxitial, significant,
contuzuing, and loziglasting. 'z`his interE'eare~nce is mot uxsubstantial oz Qeetiing, and involves
deaths axed serious iucxjuxies suffered bq maziy people ar~d a sev~e~re disruption of public peace,
order, and safety.
145. The Defendants' negligence and uniawfiil conduct, including continual
negligez~.t entrustment of~eamxs,is a cause othe public nuisance.
146. Defendants knowingly violated Wisconsin's public_ nuisance statute.
Wisconsin's public nuisarxce statute is applicable to the sale and mazketing o firearms that
cause harm to the public. Defendants'violation of Wisconsin's public n~.usa~ace statute was a

-35-

t
proximate cause of the plaintiffs'

and Defendants continuation o such conduct

continues to put the plaintiffs as well ss the public at risk.

147. The Defcndanxs' unlawhil, ne~~ligent and~or inte~ational ateation~ ox
maintenance of the public nuisance directly and proxunate~y caused sigzvuFcaut haan,
including permanent injuries and damages to the plaintiffs, Bryan Norbe~rg and Graham
~Cwnisch, that ~s dzferent xom the harm suffe~d by vthex meambe~s'o the public, including
past and azure pain, su~eriug, disab~7ity, and Toss of enjoyment of life; past w~ Ioss and
impairnnent of fixture ~arniz~g capacity; past azxd flztu~ce medical. exporases; and other
compensabie injuues and dar~aages, alI to the~it damage irx an amotx~ne to be detexmined

at a

trial a this mattex.

~O~UNT IX -- P~E~CING THE CORP(?RATE VE~I.
148. Plaix~.ti~'fs incorporate and rip

e the above paragraphs to the ezt~xt not

inconsistent herre.
149. Badger Guns. xs the alt~at ego o Adam J. AIIan, Walt~ar ~..Allaxx, Milton E.
~ieatovic, and/or Badger Outdoors,who ar which effectively controls its operations.
15Q. On iuxoxnriation a.nd belie: Badger Guns its ~nadequatelp capitalized and its
corporate formalities are not followed
151. Adam J. Allan, ~X7alter J. A.lian, Milton E. Beatov~ic, azxd/or Badger Outdoors
have used Badgear Guns as a vehicle for improp~ar, aegiigent,end unlawfiil ccmduct
152. This Court should make and hold Adam J. Allan, Walter J_ .Alan, 1V!iiton E.
Beato~vic andjolt Badger Outdoors liable foc anq and all ob~gations ox liabilities o Badger
Guns,as described in this Camplain~.

3b

WI~REFUR,E,dae Plainrifs demand judgment as follow

a.

For compensatory d~on bek~al of Bryan Norberg,in as amounx

to be det:~mined at a trial of this mauex;

b.

Fox ca~apez~satoxy damages an behalf o Graham Kunisch, in an

amount Xo be determined at a trial othis matter.

e.

For punitive damages on behalf of Bryan Norbe~cg, iva au amount xo be

deCennined at a vial othis maxt~r

d.

For punitive damages on behai of Graham Kunisch, ux an amount to

be determincd at a trial othis matter;

e.

For an order enjoi~ung ox abating the public nuisance;

~'oz any and all equixable relief that nnay be justified;

g.

Fox all costs, disbursements azid acts attorney's ees, and all int~sx

due and owing pursuant to sec.628.46, Wis.Stet

Pi~EASE TASE NQTICE ~`HA~'THE PLAINTIFFS DEMANDS A TRIAL
BY A TWELVE PERSON JURY ~N THE ABOVE-ENTITLED AC.I'ZON.
Dated at Brookfield, Wiscv~asin this 6th dap ofDec.~mber,201~.
CANNON &DUNPHY,S.C.
Attorneys for Plaintiffs
_.....~,
B~

.. 37 ..

~,`
~
Patrick O.Dunphy,
State Bar No. 1016947
Britt A.Eckstezn
State Bar No. 1036964

P.O.ADDRESS:
595 Noxth Bazker Road
P.O. Bog 1750
Bxookfield, WI 53()08-175Q
Tetephon~ (262)796-3701
Fay (262)79G-3711

Co-Counsel for Ptaindffs

Jonathan E.Lowy
Datviel fit.. Vice

en 'ng admis~ion,~ro hac vice:

BRA.DY CENTER'TO PREVENT GUN

'VIOLENCE i.EGAL ACTION PR.(JfECT
1225 Eye Street, N.W,Suite 11UQ
Washington,D.C.20005
Teiephoz~e: (2p2)28~-7319

.. 3g _

STATE OP WISCONSIN

CIRCUIT COURT
CIVXL DPV'ISION

M~LWAUBEE CDU1V'~Y

.o U

BRY.Al~ NORBERG
749 West State Sweet
Milwaukee, WI 53233,
GR~~iAM KUNISCH
749 West State Street

ll~,ilwaukee, WI 53233,
Plaintiffs,
and
CITY OF J.VIILWAUKEE
c/o Ronald D.Leonhazd~,City Clerk
City Hail,Room 2fl5
200 East Wells Strcet
~~iiwaukee, WI 532U2

Case No.
~~1VXMOrIS
P~zsonai zn)wry-0thear: 30107

~nvolunt~ry P1~ain~iffs,
vs.

BADGER.GUNS,TNC.
c/o Adam J..Allaz~, R.egistesed Age~at
2339 South 43rd Street
1V~iiwaukee,WI 53219,

,~

,a, c

BADGER OTTrDOtJRS,INC.
c/o Walter J.11llan, Re~istc~xed Agent
2339 South 43rd St~rreet
Milwaukee,WI 53219,
.AI.~AM J..AT~..AN
2339 South 43rd Street
Mi~cvaukee,WI 53219,
WAL'K'ER J..ALI.,AN

2339 South 43rd Street

M1wau~kee,WI 53219,

h1l~H111lJ -"""

~uTN~rrrra~
DEC 46 ~nt0
~~an~ ~t~2R~'

MELTON E.BEATOVIC
2281Q Noah Caddy Court
Sun City West,AZ 85375,
ABC INS. CO.,the fictitious name for
an unknown insurance companq,
DEF DNS. C~.,the fictitious n~ncze or
an unknown instuance company,
JULIIJS C.BURTON,
DOC# 5~546G
Green Bay Correctional Institute
PO Box 19Q33
Green Bap,WI54307-9033
JACOB D.COLL:II~TS
Registex #1008&-Q89
FCI Fort Dig
Federal CoxreGtional Zzzstitution
P.O. Box 2000
Fort Dix, N~ U864Q

Defendants.

THE STA'G'E 4F'WXSCONSIl~I

'IYJ EACH PERSON NAMED.ABQVE:
You are hereby notified that the plainriffs named above have filed a lawsuit or other
legal acrian against pou. The Compl~in~ which is amached, states the na~i.~re and basis o~ the
legal acticm.
Wixlux~ Qtly-five (45} daps o xece~tving tlxis Swr~u~nons, you must respond with a written
answer, as that term is used in Chaptex 802 of the Wisconsin Statutes, to the Camplairxt 'The
cocxtt znap reject or disregazd azz a~aswer that does not follow the r~quirearnents of the statx~tes.

-2-

The a~r~swez must be sent oz de~tve~ed tcs the Cout~ whose address is

ukee County

Courthouse, ROl I~Iorth 9~ Street, Milwaukee, Wi 53233, and m C.AN]vON & DUNPHY,
S.C., plaintiffs' attonxecp~s, whose address is 595 Noxrh Barker Road,P.O..Boz 1750,Brookfield,
W~ 53008- 750. You map have an attorneq help ox rep~serit you.
I you do not provide a proper aasu~ear witbin foxtp-five (45} dags, the court map gr~cnt
judgment against you for the awaxd of money or other legal action zequest~d in the Comp~un~
and you map Lose gout right to object to a~agtkaisag that is or may be incorrect in the Complain
A judgner~t xnap be enforced as pzovided by Iaw A judgment awardukg money map become a
Iieu agaizkst azxy peal estate qou own now. or in the utu~e, and may also be enforced by
gamishmecxx oz seizure of pxaperty.
Dated at Braakfield,Wisccasin.this G~ dap ofDecember,201(1.
C'A1~TNON & DUNPHY,S.C.
Attorneys for Plaintiffs
.._.~
Bp: _ ~.
Patrick O.Dunphp,
State Baz No.101b947
Brent A;. F~.kstean
State Bar No.I0369G4
~'.O..ADDRESS:
595 North Barker Road
P.O.Box 175Q
Brookfield, WI 500&-1.75a
Telephone: (262} 79G-3701
Fax: (262) 796-3711

-3-

S~Counse.~ or Plaintiffs
~i'.ng,~ admi~ssi,Qn faro hac v~ice~:
Jonathan E.Lowy
Daniel R Vice
BRADY CENTER'~'O PREVFI~TT GUN
VIQLENCE LEGAL ACTION PROJECT
1225 Epe Street,~.W.Suit: 1100
Washingtox~, D.C. 20005
Telephone: (20~ 2897319

-4-