Cyrus v. Town of Mukwonago

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ARGUED OCTOBER 26, 2009

Before BAUER and SYKES, Circuit Judges, and SIMON, District Judge.*fn1

Nickolos Cyrus suffered from bipolar disorder and schizophrenia and was known to local police based on past psychotic-but noncrimi- nal-episodes. Early one morning, after being reported missing by his family and while in a delusional state, he wandered into a partially built new home in Mukwonago, Wisconsin, wearing nothing but a bathrobe. The property owner was present and called the police. Town of Mukwonago Lieutenant Thomas Czarnecki was the first to respond to the scene, and by then Cyrus was standing outside the house. The officer approached and asked him to come to the squad car to talk. Instead, Cyrus turned and began walking back toward the house.

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