21-CV-969 Huber v. Beth et al

Decision and Order

The father and estate of Anthony Huber, who was killed by Kyle Rittenhouse during the protests in Kenosha, Wisconsin in August 2020, filed a tort and civil-rights action against Rittenhouse and law-enforcement agencies. All parties filed motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), and Rittenhouse filed an additional motion to dismiss for insufficient service of process. The court determined that the complaint stated claims against all defendants and that plaintiff had established a prima facie case of proper service on Rittenhouse. The court determined that the complaint stated due-process claims against law enforcement for creating a dangerous situation in which protestors and armed civilians were forced to confront each other in a confined area, and which led to violence that resulted in Huber’s death. The court also determined that the complaint stated civil-rights claims based on the existence of an alleged conspiracy between law enforcement and the armed civilians to use force against protestors. With respect to service on Rittenhouse, the court determined that plaintiff’s evidence established a prima facie case of proper abode service at a residence in Florida. The court also noted that, if it was later determined that this was not Rittenhouse’s abode at the time, the court would allow additional service attempts because it appeared that Rittenhouse was evading service.