This federal district court order dated March 16, 1982 addresses a motion to dismiss in Starstead v. City of Superior, a civil-rights action alleging unconstitutional police dog attacks in Superior, Wisconsin. Plaintiffs sued the City, its mayor (Hagen), the police chief (Martinson), and two officers (Graveson and Cadotte), asserting violations of the Fourth and Fourteenth Amendments and 42 U.S.C. §§ 1983 and 1985 after a series of alleged K-9 attacks in 1978–1979. Counsel of record included Lasker & Lasker and Walter Kelly for plaintiffs, and Toby E. Marcovich with Steven H. Schweppe for defendants.

Chief Judge Barbara Crabb denied the City defendants’ Rule 12(b)(6) motion as to the constitutional claims, holding the complaint sufficiently alleged a municipal policy or custom under Monell based on a pattern of K-9 misuse; however, she granted dismissal of the pendent state claims because plaintiffs cited the wrong Wisconsin statutes (§§ 172.02/172.04 rather than § 174.02 and § 174.04). The order emphasizes that deliberate indifference or grossly negligent failure to supervise can ground municipal liability.