Lawyers for Madison police officer Stephen Heimsness and the Police and Fire Commission argued their cases Monday.
The complaint filed by friends of Paul Heenan to get Heimsness fired was debated in the courtroom.
Heimsness shot and killed Heenan last fall and was cleared of wrongdoing.
The Wisconsin Professional Police Association wants to stop the complaint from moving forward. The union argues Heimsness is resigning and the PFC has no jurisdiction over him.
“To go through a full-blown evidentiary hearing involves weeks of testimony from almost a dozen witnesses, the hiring of a hearing examiner and the review of that record by a five-person commission. I ask this court to take time to hear our case now instead of unnecessarily waiting for the commission to finish its hearing,” said Andrew Schauer, WPPA attorney.
“The only thing that seems to have happened to remove officer Heimsness from the jurisdiction of the PFC is that Mr. Heimsness has said he doesn’t want the PFC to have jurisdiction over him,” said Scott Herrick with the PFC.
The judge told both sides to come back Tuesday for his decision. The judge did ask the attorneys what harm there is in waiting to see what happens on Nov. 23, the day Heimsness agreed to officially resign from the department.
Meanwhile, in federal court, Paul Heenan’s family has filed a civil rights suit against both Heimsness and Police Chief Noble Wray.