Heimsness complaint won’t be dismissed

The Madison Police and Fire Commission ruled to deny a motion to dismiss the complaint against Officer Stephen Heimsness, according to a document from a meeting Monday night.

The complaint was filed by roommates of Paul Heenan, who was shot by Heimsness after Heenan allegedly reached for Heimsness’ weapon.

The complaint said Heimsness used poor judgement and violated MPD’s excessive force policy.

According to the document, the commission denied the motion to dismiss the complaint because it showed sufficient basis for its “aggrieved” status. But, the commission said they will wait for more evidence to support the complaint until it meets legal standards.

The commission also denied several other motions. It denied a motion for lack of personal jurisdiction, stating Heimsness was still an officer because he has yet to resign. That motion would have applied if he was not still a member of the police force.

The board also dismissed motions for a continuance and failure to state a remedy because the motions failed to meet board standards.

Heenan’s roommates now have until Aug. 23 to file amendments to the complaint. Heimsness will then have 20 days after that filing to answer to the amendments.

Following that process, both parties will have an opportunity to respond to witnesses and evidence brought forward within the following 40 days.