APPLETON, WI (WTAQ-WLUK) — Appleton has appealed a ruling denying its motion to have dismissed a wrongful death lawsuit filed by the estate of a man killed by a police officer, court records show.
Officers Bryce Rudebeck and Tony Shuman shot at Daniel Pesavento in his N. Birchwood Avenue driveway Aug. 12, 2022. Pesavento, 29, was taken to the hospital, where he died.
After an investigation, both officers were cleared and no charges were filed against them. Although Shuman was investigated for his role in the incident, the federal lawsuit notes he fired one shot and missed.
Pesavento’s family filed the lawsuit, claiming, “Rudebeck’s use of deadly force was unnecessary, unreasonable and excessive.” In addition, it states, “At the time he was killed, Daniel did not pose an imminent threat of death or bodily harm to Rudebeck or anyone else when Rudebeck opened fire on him with his military-grade rifle from 100 feet away and behind a police car.”
The city has denied any wrongdoing. The city asked for the case to be dismissed, but that motion was denied in March by federal Judge Byron Conway on several grounds.
As promised, Appleton has appealed the decision by the local federal judge to the Seventh Circuit of Appeals in Chicago.
“This appeal challenges the district court’s legal conclusion that Defendant Rudebeck’s use of deadly force against Daniel Pesavento violated clearly established law, thereby precluding qualified immunity. The district court did not cite any material disputes of fact preventing summary judgment on this claim,” the motion states.
It asks for the appeals court to reverse the decision. Pesavento’s estate has not replied to the motion. No hearings have been set in the appeal.
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