The appeal filed by the family of 26-year-old Johnathan Tubby, who was shot while in the Brown County Jail in 2018 has been denied.
The 7th District Court of Appeals looked over the filing and agreed with the ruling that the officers did not violate Tubby’s rights when he was shot in a standoff.
Tubby was arrested on a felony warrant, but officers reported that he moved his hands from behind his back to the front, and kept them hidden under his shirt.
When he refused to exit the squad car, officers broke a window and used tear gas, but Tubby ran.
A bean bag gun and a K9 officer were used to attempt to subdue him, but he continued to hide his hands.
The officers involved were never charged, but the family sues the officers, the former police chief, the City of Green Bay, and Brown County claiming the officers weren’t properly trained.
A judge disagreed, saying that the officers had reason to believe Tubby may have had a weapon.
