Sheboygan Police Sued by Bartender Grazed by Bullet During Robbery

Sheboygan Police shot and killed an armed robber as he left a tavern locked and loaded.

But now the bartender and his girlfriend are suing.

They said the officers put them in harm's way that night.

The incident happened on July 17.

Kevin Higgins a man known to Sheboygan Police went into a bar and robbed it with a rifle.

When he opened the door to leave-he was greeted by two Sheboygan Police Officers who shot and killed him.

Just behind Higgins stood bartender Kurt Klessig and his girlfriend and fellow employee, Mary Heitzmann.

Klessig reportedly was grazed by a bullet in the chest and struck in the hand.

In court documents filed Monday by both they said he officers acted negligently because as innocent parties they were clearly visible when the officers decided to open fire saying.

The court document says Officer Hamilton and Officer Kehoe knew or should have known that by positioning themselves as they did, Kurt Klessig and Mary Heitzmann were in the officer's field of fire.

In a statement Monday, a family spokesman told us the couple "feels awful for all parties involved but this has taken a toll not only on their relationship, their finances but also has caused extreme mental and physical suffering."

He said they filed paperwork because they believe they're not getting all the evidence necessary to go forward with their claims both are both seeking $2.5 million in damages, plus $800,000 in legal fees.

The claim was sent to the finance committee tonight.

The city has 120 days to respond and family said there will be another hearing December 5. 

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