APPLETON (WLUK) – The City of Appleton asked a federal judge to dismiss the federal wrongful death civil lawsuit filed by the estate of a man killed by an officer.
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, the 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 previously denied any wrongdoing in the case. In a new motion, filed Monday, the city asked for the case to be dismissed, calling it a “tragic, but constitutionally reasonable, officer-involved shooting” of Pesavento…