A photo of Jimmie Sanders. (IMAGE: Courtesy of Fox 11 WLUK)
APPLETON, WI (WTAQ-WLUK) – The family of a man inadvertently shot and killed by an Appleton police officer during a bar fight will end its wrongful deathful lawsuit.
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. In September, a federal judge dismissed the case, stating Steinke’s claim of qualified immunity was valid and sufficient.
The family filed a notice of appeal with the Seventh Circuit Court of Appeals in Chicago. Sanders’ briefs were due Friday, but court records show nothing has been filed.
William Sulton, the Sanders’ estate’s attorney on Monday said that “We intend to dismiss the appeal voluntarily.”
Sulton said based on the lower court ruling, there was no basis for an appeal. He called the result “justice denied” for Sanders’ family.
Henry Nellum, who instigated the fight, was sentenced to 16.5 years in prison.
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