A picture of Jimmie Sanders at an event to remember him in downtown Appleton on May 21, 2022. PC: Fox 11 Online
APPLETON, WI (WTAQ-WLUK) — The family of a man inadvertently shot and killed by an Appleton police officer during a fight will appeal a ruling dismissing its wrongful death lawsuit, court filings show.
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 asserted he is entitled to qualified immunity, discretionary act immunity, and that his conduct was privileged under the law.
Last month, a federal judge dismissed the case. Lt. Steinke’s claim of qualified immunity is valid and sufficient, and that Steinke did not violate any clearly established right which would make his conduct illegal, so the case will be dismissed, she said.
According to court records, a notice of appeal to the Seventh Circuit Court of Appeals in Chicago was filed this week.
Henry Nellum, who instigated the fight, was sentenced to 16.5 years in prison.
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