GREEN BAY, WI (WTAQ) – The city of Green Bay has asked for a federal wrongful death lawsuit filed earlier this year to be dismissed.
The suit was filed by the estate of Jonathan Tubby on January 24, which was prior to Brown County District Attorney David Lasee’s finding that Officer Erik O’Brien acted within the law when Tubby was shot and killed at the Brown County Jail on October 19.
The lawsuit alleges that Tubby’s Constitutional rights were violated by the officers and agencies involved.
The city asked for the suit to be dismissed in a response that was filed Friday.
“Defendant Erik O’Brien’s use of force at all relevant times was privileged as necessary to protect his life and the lives of other officers from the reasonably perceived threat posed by Mr. Tubby’s actions To the extent force was used by Officer Erik O’Brien, it was justified in the exercise of the right of self-defense Any injuries or damages suffered by Mr. Tubby were caused by reason of his own wrongful acts, conduct, deception and his willful resistance to the lawful acts of the Defendants,” the city’s reply states.
Brown County has not formally responded to the suit, but was named as a defendant.
No hearing has been scheduled in the case.
