The City of Appleton is appealing a court ruling in a wrongful death lawsuit.
The family of 29-year-old Daniel Pesavento filed the suit against the city after he was shot and killed in his driveway by Officers Bryce Rudebeck and Tony Shuman.
FOX11 reports that Pesavento’s family claims he did not pose a threat to the officers at the time of the shooting despite the fact that video of the incident showed him in clear possession of a firearm, which he had pointed at himself and was waving around.
An investigation cleared both officers, and no charges were filed, and so, the City has asked for the lawsuit to be dismissed.
That motion was denied by Federal Judge Byron Conway, and the City responded by filing an appeal. A status conference is scheduled for May 1st.
