A photo of Jimmie Sanders. (IMAGE: Courtesy of Fox 11 WLUK)
APPLETON, WI (WTAQ-WLUK) — More than eight years after an Appleton police officer shot and killed a man during a fight at downtown bar, a hearing has been scheduled on the officer’s motion to dismiss wrongful death lawsuit filed by the victim’s estate.
Lt. Jay Steinke shot and killed Jimmie Sanders at Jack’s Apple Pub on May 21, 2017. There was a fight at the bar, which Sanders was not a part of. During the incident, Steinke fired, striking Sanders. After a review, the district attorney cleared Steinke of any criminal charges.
In July 2020, the Sanders estate filed a wrongful death lawsuit in federal court, accusing Steinke of unreasonable use of force. Steinke’s attorneys assert he is entitled to qualified immunity, discretionary act immunity and that his conduct was privileged under the law.
Steinke asked for a summary judgment ruling, which would, in effect, dismiss the case in his favor. The last briefs were filed Dec. 17, 2021, but no decision has been filed, court records show. Twice this year – once in January, once in February – Sanders’ family asked the court to act on the case.
On Monday, a hearing was set for Sept. 30 before federal Judge Pamela Pepper, court records show.
Henry Nellum, who instigated the fight, was sentenced to 16.5 years in prison.
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