Cuypers v. Taylor et al – Opinion and Order on Excessive Force (Feb. 9, 2026)

This Opinion and Order, entered on February 9, 2026, by Judge James D. Peterson in the United States District Court for the Western District of Wisconsin, addresses cross-motions for summary judgment in Ian Richard Cuypers v. Justin Taylor, Taylor Gaard, Matthew Brown, and City of Superior, Case No. 24-cv-743-jdp. The case arises from a February 28, 2024 traffic stop in Superior, Wisconsin, during which City of Superior police officers stopped Cuypers for driving the wrong way down a one-way street and subsequently used force against him.

The defendants include Superior police officers Justin Taylor, Taylor Gaard, and Matthew Brown, along with the City of Superior. After Cuypers exited his vehicle with his hands raised and largely complied with commands, Officer Gaard deployed a taser when Cuypers did not immediately kneel as instructed. Cuypers was arrested and cited for resisting or obstructing an officer but was acquitted by a jury in July 2024. He later filed federal and state claims alleging excessive force, malicious prosecution, and intentional infliction of emotional distress.

In its ruling, the court granted partial summary judgment to Cuypers on his Fourth Amendment excessive force claim against Gaard for deploying the taser. The court found that video evidence showed Cuypers was not actively resisting and did not pose a threat when tased, and that clearly established law prohibited using a taser merely to gain compliance in such circumstances. The court denied defendants’ motion for summary judgment on all claims.

The decision allows several claims to proceed to trial, including additional excessive force and failure-to-intervene claims against the officers, state-law malicious prosecution and emotional distress claims, punitive damages, and indemnification against the City of Superior. The ruling emphasizes government accountability, particularly where video evidence contradicts officers’ characterizations of a suspect’s conduct.

Download File
Preview
File Type: pdf
File Size: 4 MB
Categories: City Council, City of Superior, Frog Prell - City Attorney, Garner Moffat, Jenny Van Sickle "Paine", Lindsey Graskey, Mark Johnson, Mayor Jim Paine, Nick Ledin, Police Department, Ruth Ludwig, Tylor Elm
Tags: City of Superior, excessive force, Ian Richard Cuypers, James D. Peterson, Justin Taylor, malicious prosecution, Matthew Brown, qualified immunity, Taylor Gaard, Western District of Wisconsin