GREEN BAY, WI (WTAQ) – The estate of a man shot and killed in the Brown County jail sally port by a Green Bay police has filed a federal wrongful death lawsuit against the county, city, and several others.
26-year-old Jonathan Tubby was shot by a police officer at the jail on October 19th.
The state Department of Justice, which investigated the incident, has turned over most of its results to the Brown County District Attorney’s office, but D.A. David Lasee has not made any announcement if he will seek charges.
The 13-page lawsuit was filed by Susan Doxtator, Arlie Doxtator, and Sarah Wunderlich in their capacities as administrators for Tubby’s estate.
Besides Brown County and Green Bay, it names Officers Erik O’Brien and Colton Wernecke, Police Chief Andrew Smith, former Sheriff John Gossage, jail administrator Heidi Michel, and other, unnamed officers as defendants.
Tubby was stopped for a traffic violation and was taken to jail.
According to the suit, Tubby was “was shot multiple times, including in the head, by a Green Bay police officer while unarmed, in handcuffs, and in custody at the Brown County jail. The shooting occurred in the “sally port” of the Brown County Jail and was observed by several Green Bay police officers and Brown County sheriff deputies and correctional officers, who failed to intervene. The shooting of an unarmed and restrained man by a police officer at the jail is an egregious violation of the U.S. Constitution. Plaintiffs, the personal representatives of Mr. Tubby’s estate, bring this civil action to vindicate his constitutional rights.”
The suit seeks unspecified damages, including punitive damages. It also seeks changes in policies and procedures:
“Injunctive relief requiring the City of Green Bay and Brown County to adopt policies regarding the use of force to prohibit the use of lethal force against anyone who is in custody and restrained. Injunctive relief requiring the City of Green Bay and Brown County to conduct training for all law enforcement officers and correctional staff on the appropriate use of force. Injunctive relief requiring Brown County to install, operate, and maintain appropriation audio visual recording equipment to capture and preserve a record of any events occurring on jail property.”
The lawsuit was filed Thursday. So far, none of the defendants have formally replied to it.
