STATE QF WISCUNSIrI CIIi.CUIT COURT MILWAUKEE COUN'T`YCIVYL DIVISIUN

~ ~}~~!424~~5BRYAN NORBERG749 West State Snceet11~,ilwaukee, WI 53233,

GR~ KUNISCH749 West State StxeetMil~wauk~e, 'R7T 53233,

Plaizitifts,and

CTTX" OF MI~,WALTKEEcJo Ronald D. S.ec>nhaxd~, City CISCite Hall, Room 2q52U0 East Wilts StreetM~Iwaukee, WI 53202

Gase No.

Pe~sonalInjury-Qthe~ 3U147

Tnvolunrary Plaintiffs,

vs.

BADGER GUNS, INC.Gro .~a~ J. A.u~, x~a t2339_ south 43rd streetNGlwaul~ee , WY 53219,

BADGER OUTDOORS, INC.c/o Waltex~.l~iL~n, Regist~esed Agcnt2339 South 43zd StrectMilwaukee , WI 53219,

ADAM J. ALLAN2339 South 43xd StreetMilwaukee , WI x3219,

WA.~TER ~j..ALJ_,A.N2339 South 43rd Streetivfiiiwaukee , WI x3219,

b~d~~9Al~d~ ~",~,~~S(~TF~~t~'tr°a-~

DEC 06 ~~tQ

~~n~ ~K~~0~~1'~1~i6~ t"4'1a0~

MILTON E. BEA.TOVIC22810 Nozrh Cadd~r CourtSun Citq West .AZ 85375,

ABC INS. CO:, the fictitious name forarx unknown insuxawce comP~Y~

DEF INS. CO., xhe fictitious name fora~n unknown insvraoce comparxy,

,jULIUS G BURTON,DOC# 555A~66Gxeen Bay Co.~recrional InstituteP.O. Box X9033Green Bay, WI 54307-9433

JACOB l~. COLLINSReg~istex x#10088-089FCI Fort DixFederal Coz~rectional InstitutionP.O. Box 200pFort Dix, NJ 08bA~Q

Defc~aa~dazxts.

NOW COME ~kze above nam~ci plaintiffs, by their att1omeys, CANNON & DUNPHY,S.C., and as azad for rl~ce~r claims £or re1ie~ alleg,~ and show to the Court as fol~oar~

1. 'This is a civil action stemming from the shootung o£ two City o£ Mslwaukee

Police Officers, Bzyan Noxbexg and Graham 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

wrilaw£ully sold bq Badger Gwrzs.

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2. Badger Guns ne~;~igen~ly and unlawfiillq sotd ,Jacob D. Collins -- who was

basted from purchasing fircanms render federal haw -- a Taurus PT140 Piro .40 calihex

handgun on Map 4, 2009. Collins provided the gun to Julius G Burton, who shot the

plaintiffs Bxpazx Norb~g and Gzaharn Kwnitsch.

3. Badgex knew ox ~scm~ably should have ktzowsz 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 wanted to buy. Dui to Burton's age, it was illegal £oxBadger Gwns to sell Burton a hax~.dg~xn. Affiet Burton picked the handgun. he ~vvaut~d. andwhile present u~ the store vv~ith Collins, Collixxs completed a Faxearms Transaction Record,ATF Form 4-473, to purchase the gun for Button. Colliers itz~dicated on the fosacn. that he ;wasnot the actual buyer a£ the handgun. Tt pis wrzl~wfial to sell. a fixeazm to someone who is satthe 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~uchaseattcnnpt, Bad~ex Guns conspired with Collins to change his answer to Claim £'alsely'that hewas tl~e actual buyer of the gux~. Badger Guns thexz proceeded to sill. Collins the flre~ng uaan w~lawful st7rraavc~ sale.

5. Badgear Guns krf~vv oz reasonably should have known that Collins was notbuying the firearm for his owz~ use but rathex bought. it far Julius C. Burton. Yet, Badgeriilega~llq sold the gun to ColIims in knowing violation of fireazms laws aid without exec ngreasax~able caxe to prevent a dangezoixs and illegal gun sale.

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b. ,Jacob D. Coins was also prohibited from buging guns because he was an

unlawful user o£ illegal drugs. He v as an admitted 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~laW£ul user o£ illegal dnYgs and was prohibited £ram buY~ b'~because he was azi ur~~a~ful usear of illegal drugs, and that it was illegal fax Badgez Gwr~s to

sell him a guz~.

7. Badger Guns is Qua of the most naeorioas gun dealers in .A~merira. Opezaringtzz~de~ the n~arxaes Badger Guns, Badger Outdoors, and Badger Guns & .~~nrrio {hereinafter`Baclgei'~, Badge's corxstant supply o£ deacllq weapons to the ari~z~al ma~~et xn~es it apublic 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 f r~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 violation of state and fedexai Iaw and engaged in c2ulawful

sttavcr sales. Badger has repeatedly been cited by the Bureau of Alcohol, Tobacco, F"~trea.rzns

and F.xplosxves (ATk~ £or violatuxg federal gnzzz la~w~s. Badger has accounted for two-~kuxsds of

all the come guzis recovered in Milwaukee. 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 challenge 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 Iaw abiding citizens. 'This Iawsuit zs about the

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crzm~ual use o£ guns. anal a gun dealear that negligently and ~legallp suPPlies the aiminaimarket. N'egIigently and ill~allY APP tihe criminal market w%th guns not on~p causesfoz~seeable harm (such as the shooring incid~ats ~adezlging this case), it wafai~.p tarnishesthe xespos~ble gun s~rllers vcrhho suPPIY Iaw abiding c:itizcas with azms for lawful puxposes.

PARTIES

9. Plaintiff Bryan Noxberg ~s a resident of the State of Wisconsin and City ofNfitwaukee who at all times xna~erial hereto was employed as a pity of Milwaukee policeo£fiGer, located at xhe Milwaukee Police Ueparnnent, ?49 West State Street, Milwaukee, WI53233.

10. Plainri££ Carahaxx~ S{unisch is a xesidcnx of the State of ~sconszn,. and C.iCy ofMilwaukee who at all times material kzereto was employed as a Cary of Milwaukee palir~o£ficex, located at the Milwaukee Police D~pazur~ez~~, 749 'L~7est State Street Milwaukee, WI53233.

11. ~uvo~unra~ry Plaintiff Citq a£ Miiwaul~ee (hereinafter "the C~ity'~, is amunicipality, with offices of the City Clerk, Ronald D. Lea~zhardr, located at 200 East WellsStreet M'itwaukee, WI 53242. The City has paid workez's compensation and nr~dical andrelated bills to azxd on behalf of the plaisiriffs as a result o£ injuries thep sustained in theshooting tbat is the subject of this lawsuit The Citq ~xas a subrogation interest h~iz~ to theextent o£its paytneuts puxsuaz~t Lo the provisions of sec. 1Q2.29, Wis. Stagy., and is a p~opetPart}' hexein pursuant to sec. 8Q3.Q3, Vitas. Star

12. Defendant Badger Guns, tic. is a Wisconsin coxporatioz~, with offices of its~+eg~stered ag~sxt, Adam). A11an, and its principal place of business ax 2339 South 43rd Sheet,

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N~Iwauke~ WI 53219. Badger Grwa~s, Inc. is engaged in the business of s~'lling and

disaibuting firearms that, on ~in£osmation and be~ite£, began operations on ox before

September 1, 2007. Badgezz Cons is vicariously liaable for the acts of its 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 business 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, including thxough its predecessor in i~r~anest Badger

Guns & .Ammo, mac., since 1987. Ora ~£o=mation 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. Badgex Out~iooxs, Inc. is vicariously liable for the acts

o£its agents and employees while in the scope o~'their employment/agency'•

14. Defendant Adam J. Allac~. is ara adult residing uz the State of Wisconsin,

Iocated a~ 2339 South 43rd Street, Milwaukee, 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 of Badger Outdoors, Inc.

1S. JJe~endaz~t Waiter J. Allan is a Wisconsin resident, 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 of Badger Outdoors, Inc. Walter J. Allan is also an

employee of Badger Grins, Inc.

16. Defendant Mtit~n E. Beatovic is an Azizona resident presently r~sidin~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 ow7ner o£ Badger 4utdoozs, Inc.

and was engaged in substantial and not isolated activities withixi the State of Wis~ons~n, and

is the awnex and •~ o£ the Badges. Guns' ~aciIity, makuag pexsozaal jurisdiction over

1 I ~ iN

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

that issued a policy or polices of Izabiiity uzsurance to or for the benefit of the de£endauts,

Badger Outdoors, Inc., a~zdJox Badgex Guns, zzxc., and/oz Walter J. Allan, and/or Ad~ma.

Allan, and jai Atilton E. Beatcivzc, by rho t~atms o£ ~arhich tlae insurer 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 Wisconsin, ABC S~surazzce ~ Co. ins a

propex defendant hearein.

1.8. DEF Tnsrxxaxace Co. is the fictitious name of an unknown insurance Gompanp

that issued a policq ox policies of excess andJox umbrella liability insurance to ox £ox the

benefit of arxy o£ the de£endarits, Badge~c Outdoors, Inc., and/or Badg~ar Guns, Iz~c., a;nd/or

Walter J. Allan,, and/or Adam J..A.ilan, and f or Milton E. Beatovic, 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 insurance, the negligence of any of the

defendants as alleged herei~~, az~d the laws o£ tt~e State of Wisconsin, DEF Insurance Co. is.a

proper defendant herein.

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19. The defeudaut Julius G Buxton, DOC No. 55546b, is a resident of the State of

'W"~onsin, present]y incarcerated at the Green Bay Coxrecrional 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 I~ia 10088-()89, was a resident of the

State of Wisconsin at all mater'saI times and is presently incarcerated at FCX Fort Dig, Federal

Conrectiozaai Institution, P.D. Box 2000, Fort Dix, NJ Q864Q.

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

21. 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 traffick+exs, straw purchasers, or others

who ate p~raku~ited possessozs.

22. Fuearms d~aleats axe one. of fihe mast important chazmels for diverting fireatxns

From the legal ~o the illegal market, az~d a small percentage 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 dealer. 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 burliness decitsxons account for di.££ese~ces

among gun deniers izx the probability that rh~ix guns will be diverted to criminals.

23. 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 entitq involved in the sale of each 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 o£ infoxmation:

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 about 89% of federally-licensed gtui stores sell no

cxime guns in a given year. A small number of gun stoxes sell an inordinate amount of guns

rbat are used by criminals, with just over 1% o£ the nation's gun deals supplysng 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 headlines 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 thousands 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 $adger Guns & Arnr~no that

could not b~ traced.

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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~d f or 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~covered and

paced to Badger (Jutdoors, Inc., an av of more than IO a week.

31. 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 Gw~xs.

33. 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 twentp-

seven 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 faux years. No other

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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 peziod.

35. ~Fad~s Guns and Badger Outdooxs, lac. w~eate informed by law enforcement

when Thep sold indiv~tdual guns that were tzaced to crime.

36. Each time Badger Guns and Badger Outdooxs, Izzc. sold a gun ttxat v~ras

z~ecovered ~n connection with a came, Badgcx Gwas a~ad/or ixs predecessor in intrresfi

Badger Qutdoors, InG received notice bq a telephone call, fax, ox fonax from the ATF.

37. Badgex Guts, by its owrx cozzduct and by and through its predecessor Stzz

interest's conduct, was put on notice thousands of times that it had sold guns ~d in cxi~me.

38. $adger Gwns and/or its pred~cessazs ~iz7 iuntexest Badger Outdoors, Inc. and

Badger Gwns & A.m~o have had a long history o:~ violatsrzg federal gun Laws.

39. Iu 19$9, ATF sited Badger Guns &Ammo £ax five violations of ~ede~ gun

laws. Later that gear, AT,F cix~d the gun shop for two 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 of azmor-piercing ammunition. In 1993, ATF issued

B~adgez Guns & Ammo a warning letter concernisxg its violations of federal Iaw. Betwcan

1995 and 1999, the gun shop was again cited £ox ~olatizig £cderai hw.

41. In ?.(TOE, ATF cited Badg~ar Outdoors, Inc. £or seven ~v:ioladons o~ federal. law

42 Tn 2007, A'~'F cited numerous pzobiems ~w~ith Badger Outdoox~s, Int.'s f~xxis

inventory and recornznended that its license be revoked.

43. Badger Qutdovzs, Tnc. evaded revocation o~ arts license by changing xts z7ame

to Badger Guns.

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44. In 2008, ATF cubed Budget Guns witth three vitolations of £ed~ral law and again

warned Badger Guns to comply wit~a £edet°al law

45. Badgex Guns, Badg~ac Outdoor, Tnc., .Adam J..AJlan, V4alte~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 con£omn~~ity with this routine 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 throughout the country, are purchased fxo~ra. dealers

and diverked to the caaminaJ. mvcket

47. De~'endants have long been on notice that their distribution practices facilitate

the supply of guns to the illegal seco~ndaty and c~imina~ zna~rket azxd ~eNad to the criminal use

of guns in incidents such as the shaorirlg of Plaintiffs.

48. In 19~I9, Bads Guns and Ammo and/ox Badger Outdoors, Tnc. altered its

sales' pz~cchiices, after ~rhich a published study 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 change in sales practices. Gun dealers, such as

Badger C)utdoors, Inc. and/ox Badger :Guns, know that ~eix saes practices have a

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substantial impact ou cam' acquisition of fireamns. Badger knew xb~at instituting

reasonable busyness practices ~ouid cuxt~ai~ the flow of its guns into the criminal. mazke~

49. 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 sellers' business pxactices cause

criminal handgun acquisition.

50. The Justice Depar~m~nt exp~ed that ATF, the Treasury Depaxmnent, and

the f ustice Depaztrz~ent would encourage and assist gun sell~zs, az~d the rest of the handgun

industry, to pre~ve~xt Criminal acgvis:Etiozz of handguns, including 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£ assistance that ~aroutd

apex gurn sellers' pxactic~s fat result in criminal acquisition of hax~dg~ux~s, the De£e~ndauts

failed and continue to fail to adopt reasonable sales practices desagn~d to zeduce the nutnbex

o£ crime guns they sell.

52. Badgeu knew or should have ktzown that the gun industry ic~self has recognized

that the sales practices e~na►ployed by Badger Guns ate zzot xeasonabZy adequate to prevent thediversion 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 dealers shauld sc.~en suspicious purchase~tss

witkz a battery of questions, beyond those ~regwired by federal law, and not sell 6xearnas to a

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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.

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

b. ".A.m effective way to do this its to establish a stpre policy that everypotcz~tial handgun purchaser vcrxlI be asked ~lae same sequence ofquestions. Xou may even want to post a sign in gout stoic thatinforms the customer o£ this poiicp. The sign maq read To assist lawez~.foxcexnrnt it is out policy to go .beyond the Ia~nv in v~;r~£ying theidentity o£ the actual putchasear o£ a harxdgun.

c. "Questzans £ox All Pwrchas~cs 'Y'ou Do Not Petsox~allp Know: ~. Isthe 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„ targetshoorizig? 4. What t~jpe of hazzdgur~ are you interested in or mostcomfoz~table with? ...

d. "I£ suspicions arise, it is nnore pnidcnt to follow the precautiasaaryprinciple of polixelp refusing the sale to protect yourself From the riskof conix~uring to a possible sllegal transaction."

54. 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 zequire 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 to use it in crinne, directly

and proximately caused the injuries suf£e~red by the plazxitiffs herein.

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i55. ~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 p~azs.

56. 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 handgun nraarket.

Those sccnarias include, but aze not limited to:

a. 'I've tppe of gun sold;

b. The numbea~ of guns sold;

c. The time fiax~rie within which mulriple guxxs are sold to a singlepw.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. Facts suggesting a stxaw pwrchase, such as where one person isselecting a harxdgun at kxandguns foz anath~ar ox multiple persons, orone person appears to be s~Iecting a handgun ox handguns and ano~kzexperson pags for them.

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

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

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 Outdaozs, ~ne.'s history of suppipizig an

inordinate number of crime guns to the c~zninal market

62. Ater Badger Outdoors, Inc. voluntarily relinquished 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 against Badgex Outdoors.

G3. Badger Outdoors, Tnc. continues to be a viable W~iscozxsin corporation, with

Waltex J. Allan and Milton E. Beatov~ic listed as owners, a£ficexs and/oz ciurectors. Walter,J.

Auan is now ~n employee of Badgex tCuns.

G4. Badger Guns adopted and ~rexained Badgex ~utdoozs, Tnc.'s negligexzt and

illegal busizxess policies arxd pracrices. Badgex Qutdoors, Inc. was a tap crime gun supplier,

and Badger Guns has xet~ined that mantle.

G5. Gun dealers such as Dc£endants are not xec~uired by ATF ox anyone else to

compXete a sale to anyone. Gun dea~exs, like .any othear business, retain the right to ze£ase a

-~6-

saXe. Reasonable gun dealers question the pxospecrive purchaser to determine 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 as Bart of

"Don't Lie Fox The 4tlaer Grry" make clear tk~at "~f suspicions arise, it is more prudent to

follow the precaurionary p~rxaiple of politely refusing. the 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. A£tez Badgez Gwas resunned the gvn selling operations, it not only adopted

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 Police 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 resumed 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 iniriated 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 wairing 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 firearms 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 though it ~s not in

owr cite, and the pos`.son it creams ~s seeping onto our streets and causing 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. undexlying this case,

Badger Guns anal jor 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. De£endarits knew or should have known that unless they used reasonable care

and £oIlowed the Iaw izi the sale and distabution of handguns, ct~minals 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. De£enclants 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. Collins 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~inals and handgun traffick~ats

who suppip criminals, such as defendant,~acob D. Collins and Julius C. Buxton, would obtain

handguns and use them to cause injury.

-~8-

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 o£ th~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, a£t~ spc~ng wixth an employee o£ Badgat

Guns and/or Adam Allen, Badger Guns conspired 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~ans£ere.~/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 stated 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 infomiauon oza the Four 4473.

79. On May 4, 2Q09,~Julius C. Burton and Jacob U. Collins•retumed 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 the safe a£ xhe handguxt andwhen it is used ox recove~rced an } 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 • t ~~i~

82. On June 9, 2009, at around 3:30 p.zn. in the area of West Narional Avenue and

Sowh 2~ Sheet, Q£&cers Bryan l~arbezg and Graham Kunisch were in fixll unzfo~rned pavrol

in a marked squad car. 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 pursued 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 attempted to gain control of

Burton, who begin fighteinng aggresszve,~y. B~ryazx Norbearg was standuxg belxind the suspect,

when Burton pmduc~d the Taukrus PT140 Pro .40 calibear handgun 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~rea£ter 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 le£t shoulder, a shot to his left. hand, a shot m the le£t 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 that

.. 22 _

he was the actual purchaser of the firms and £cn £qty stating tbat he was not an unlawful.

. use~c o£ controlled substances. United States v. Collins, Case No. 09-CR 155 {E.D. Wis}.

Collins admitted his guilt and pled guilty to the chaxges.

CULTNT ~ — NEGI.YGENCE tBAT)GER GUNS~BADGER 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 acid/ox exnployrr~en~.

93. At all relevant times, defendants Badger Guns, Badger Outdoors, 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 fozeabl~ x~sks of injury. Defendants

$adger Guns, Badger Outdaots, Adam J. Allan, 'Walter J..Allax~, 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£ the fiteazms itt~elf

94. Badger Guns, Badger Outdoa~rs, Adam J..Allan, Waltex~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" (where an illegal or othexwise prohibited

buprx uses another prarson to acquixe .one or .more handguns fxom a g2ui .dealer) and those

23

who use or are addicted to unl~w£ut dxugs, includitug any ~S~tson who un~awfuliy uses

maritjuana, dep~neessants, stimulants, na~otic drugs, 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 handgutz to defendant Jacob D.

Collins was w~lawful and negligent in sevexat zespects, uxrluding, but not 3imited to: Badger

knew or should have known that Jacob D. Collins was a "stxaw buyex" based on Badg~x's

knowledge of stxaw purchases and xn rhat Collins, among others, was pzesent with a person

who could not lawfully pwtck~.ase a gun. Qulius C. Buxton}; he did not pick out which gun he

Iat~ purchased (Burton identified which gun Collins 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/transferee .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 that Jacob 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..Ailan, Walter J. Allan, analozNfilxon~E. Beatovic arere also neglig~t in employing deficient c~ucstionir~g arxd srreecung of

customers, including the de£endazit, Jacob D. Co]1~ns, to determine whethez it was

reasonable and Iegal to sell the prospective purchaser 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 illegal ox unreasonable intent .A, reasonable and

-24-

law abiding gun sellex would have known that Jacob D. Collins was not ~ purchasing the

handgun for his personal use. A. reasonable and law abiding gun seller would have known

that defendant Jacob D. Collins intended to Unreasonably use and/or distribute the

purcb~sed weapon to the arimtnal handgun, mar~Zet

98. Badgear Guns, Badgt~r 4utdoo~rs, Adam J. Allan, ~t7alter J. Allan, and/oz

Milton E. Beatovic foreseeable knew or should have known, that innocent pParsoms such as

the plaintiffs hetexz~ would be injured as a result

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~utdoors, Adam J..A11azx, Wx]t~er ).Aitan, axed jot NIi).toz~ E. Beatovic as ~eged, directly .and pro~ixinatelp causcd petmaneniinjuries as~d damages to the. plaintiffs, Bryan ~Tarberg ar~d Graham I{wnisch, iuncluding pastand fat~ue pain, s~xfferuxg, disability, and loss o£ enJogzncnt of life; past wage loss andimp~aisment of futlue earning capacity, past end future medical e~pez~ses; and other

compensable injuries amd damages, all to their damage in an amount to be detemzitied at avial of khis z~natter.

1 Q1. Plaintiffs incotpoz~te and xea~ege the above paragraphs to the extent not

inconsistent here.

-25-

\J

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

IVGlton E. Beatovic bead control o~ the subject Taurus PT14{} Pro .40 caliber handgun. at aI1~

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

103. Def~adazat Jacob D. Collins ber,~me entitled to possess the Taurus PT140 Pro

.40 calt~ex handgun oniq by the consrnt o~ Badges Guns, Badger Outdoors, Adam J. A.11as~,

Walter J. 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 Outdoors, .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 trafficking 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 pxoduct 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~x J..Allan, and f or

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 should 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 unneasorxable 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/oz

1VGlton E. Beatov7ic knew or should have knowia that Jacob D. Collins izxbe~nr~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 intended it

foz w~law£ul use, including transferring it to sazxieane prohiUited 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 injuries 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 injurics and damages, all

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

_27..

i !f L ,_ M~~1~ 1' f~ 1 f i

111. PJainti£fs ancvxporate and realtcge the above paragraphs to the ement not

inco~aszst~ent here.

112. De£enndant Jacob D. Collins was initially in control off' the Taurus 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 PT140 Pro .40 calibex ha~adgun.

1 ~ 4. Defendant Jacob D. Collins either knew or in the esetcise o£ ordinary care

should ha~re down that Julius C. Buxton int~ded ox ~ likely to use the Tawtus I?'i'14a Pro

.4~ caliber handgun in a waq .that would create az~ unreasonable 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 Tawrus x'140 Pro

.4U ra~et hanc~gun to the defendant Julius C. Burton directly 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 ~rzjopment of life; past wage

loss and impainm~at o£ Eutare earning capacity; past and £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 paragraphs to the extent not

inconsistent here.

.. zg

117. Defendant Julius C. Button hfad the unlawful intent, and pxesent abi}ity, to do

Phpsicai harm to the plainriffs Bryan Norbexg and G~raahhun Kuni~h.

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

pJainti££s ~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 isrtent 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 bupez Jacob D. Collins.

123. 1~eaExhcx Bryan Norberg not Grahaxzx Kuni~h consented 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 proximately caused. permanent injuries and

~~

~ idamages 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 o£ this 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~aintif£s 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 of law wexe a direct and pro~izxiate cause off' the shooting of

plaintiffs azxd xhe uijuries alleged herein. These Iacvs aze intended to protect public sa£etq 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 common law. 'Z`h~se

actoxs conspired to continue ~o uiilawfizilq and urueasonablp sell fz~tearms ~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 Badger _Guns coz~rizaues Badgear

Qutdoo~rs' practice of sellimg weapons knowing their hazardous prop~xries without exercising

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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 pazticipation.

131. Badgrt Guns conspired wz~rh Collins to change 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 claim £wisely that he was the ac~tua~ buyer of the

gExn, in violarion o£ State 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£ enjoyment o£ life; past wage loss and impairment of

£afore earnixxg capacity; past and fiztute medical expenses; and ocher crnnperasabXe uxjw~iss

az~.d damages, all to their daim~age in an amount to be determined at a trial of this mats.

1 ~ 1 ~ t ~ ~ ~~ ~ _._sue :~ ' ~ ~ _~..~~ 1 M i ~ ► _~ ~ ~

134. Plaix~dffs incorporate and xealle~e the above 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, encouraged, urged and acquiesced in the manner

by which Badger Guns operated its business puz~srait o£ profits absent exexc3sing reasonable

care. Such Defendants acted in concert with each other in Che ~xeglige~nt operation of Badgrx

Guns, including the continual pxa~tice of negligent entzvstment o£ fi~reamns to purchasers

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~ isuch as Jacob D. Collins, by s~ 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 ~narketia~xg of fi~eanms, and r.~ie

violation was ~ proximate cause o£plaintiffs' 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~, disability, 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 and damages, all to their damage in

an amount to be det 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 quaiatiries of guns in

a manner that ensures a steady flow o£ gins in large quantities to illegal ttaffic~ers, the legal

secondary maxket~ crimiria'ls, juvez~les, and others prohibited 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 inteifere~ce with the rights held in

common by the general public, constituting a public nuisance under Wisconsin law. ~thaut

limitarion, the acts and oxxussions of the Defendants as alleged herein cause, create, axed

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maintain subst~nt~a], and uru~easonable int~rf~ence with the public's heatth, sa£etY

rornresxience, comfort, peace, and use o£public pmpeny and/ox privatc property.

140. The acts and omissitons o£ Defenda~axs as alleged. hexein substantially and

unreasonably int~tfere with the public's use o£ public fac~kities, includiz~ the use o£ public

highways and a~alkwa~s. Public highways and walkways are substantially aad unreasonably

unsafe because o£ the presezzce o£ dime guns i11e~alip sold and uegligerxfly supplied by

Defendants. De£ez~.dants' acts amd omissions as alicged herezn substantially a~►dunreasonably (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~xee to winch wr~avv£ut 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, injured, 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 o£ the genexaI public who are killed and ~ir~jured by czime

E:

142. Defendants' acts a~xd omissions as alleged herein 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 of wnaawfiil possessors of

weapons who commit violent cximes against zsinocent membexs of the ge~a~ral public; (b)

increasing the number axxd severity of property crimes committed bq xhose in possession o~

crime guns against innocent members of the general publz~; (c) incrcassng the number and

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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, com£ort, peace, and use of public facilities. The De£emdants' 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. De£cnda~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' inxear£erence with the public's health, safety, convenience,

comfort, peace, and use of public faalities xs w~xeasonable, unlawful, substaxitial, significant,

contuzuing, and lozig lasting. '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 o£ f~eamxs, is a cause o£ the 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

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tproximate 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 p roxunate~y caused sigzvuFcaut haan,

including permanent injuries and damages to the plaintiffs, Bryan Norbe~rg and Graham

~Cwnisch, that ~s dz£ferent £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 iux£oxnriation 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 Plainri£fs 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 o£ this matter.

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

deCennined at a vial o£ this maxt~r

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

be determincd at a trial o£ this 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 of Dec.~mber, 201 ~.

CANNON & DUNPHY, S.C.Attorneys for Plaintiffs

_.....~,

B~ ~,` ~•

Patrick O. Dunphy,State Bar No. 1016947Britt A. EcksteznState Bar No. 1036964

.. 37 ..

! •P.O. ADDRESS:595 Noxth Bazker RoadP.O. Bog 1750Bxookfield, WI 53()08-175QTetephon~ (262) 796-3701Fay (262) 79G-3711

Co-Counsel for Ptaindffs en 'ng admis~ion,~ro hac vice:Jonathan E. LowyDatviel fit.. ViceBRA.DY CENTER'TO PREVENT GUN'VIOLENCE i.EGAL ACTION PR.(JfECT1225 Eye Street, N.W, Suite 11UQWashington, D.C. 20005Teiephoz~e: (2p2) 28~-7319

.. 3g _

•

STATE OP WISCONSIN CIRCUIT COURTCIVXL DPV'ISION

•

M~LWAUBEE CDU1V'~Y

•.o U

BRY.Al~ NORBERG749 West State SweetMilwaukee, WI 53233,

GR~~iAM KUNISCH749 West State Streetll~,ilwaukee, WI 53233,

Plaintiffs,and

CITY OF J.VIILWAUKEEc/o Ronald D. Leonhazd~, City ClerkCity Hail, Room 2fl5200 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~at2339 South 43rd Street1V~iiwaukee , WI 53219,

,~ ,a, c

BADGER OTTrDOtJRS, INC.c/o Walter J.11llan, Re~istc~xed Agent2339 South 43rd St~rreetMilwaukee , WI 53219,

.AI.~AM J..AT~..AN2339 South 43rd StreetMi~cvaukee , WI 53219,

WAL'K'ER J..ALI.,AN2339 South 43rd StreetM1wau~kee , WI 53219,

h1l~H111lJ -"""

~uTN~rrrra~

DEC 4 6 ~nt0

~~an~ ~t~2R~'

MELTON E. BEATOVIC2281 Q Noah Caddy CourtSun City West, AZ 85375,

ABC INS. CO., the fictitious name foran unknown insurance companq,

DEF DNS. C~., the fictitious n~ncze £oran unknown instuance company,

JULIIJS C. BURTON,DOC# 5~546GGreen Bay Correctional InstitutePO Box 19Q33Green Bap, WI54307-9033

JACOB D. COLL:II~TSRegistex #1008&-Q89FCI Fort DigFederal CoxreGtional ZzzstitutionP.O. Box 2000Fort 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.

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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, Wiscc»asin .this G~ dap of December, 201(1.

~'.O..ADDRESS:595 North Barker RoadP.O. Box 175QBrookfield, WI 500&-1.75aTelephone: (262} 79G-3701Fax: (262) 796-3711

C'A1~TNON & DUNPHY, S.C.Attorneys for Plaintiffs

.._.~

Bp: _ ~.

Patrick O. Dunphp,State Baz No.101b947Brent A;. F~.ksteanState Bar No. I0369G4

-3-

S~Counse.~ £or Plaintiffs ¢~i'.ng,~ admi~ssi,Qn faro hac v~ice~:Jonathan E. LowyDaniel R ViceBRADY CENTER'~'O PREVFI~TT GUNVIQLENCE LEGAL ACTION PROJECT1225 Epe Street, ~.W. Suit: 1100Washingtox~, D.C. 20005Telephone: (20~ 2897319

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