APPLETON (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.”…