Officers Bryce Rudebeck and Tony Schuman
The City of Appleton is appealing a judge’s decision not to throw out a wrongful death lawsuit for a 2022 officer-involved shooting.
FOX11 reports that charges were not filed against Officers Bryce Rudebeck and Tony Shuman after the fatal shooting of Daniel Pesavento on N. Birchwood Avenue.
However, Pesavento’s family claims that Officer Rudebeck’s “use of deadly force was unnecessary, unreasonable, and excessive.”
They also claim that at the time of the deadly shooting, “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.”
A video showed Pesavento pointing a gun at himself as officers were trying to talk to him.
The City of Appleton has denied any wrongdoing and asked for the case to be dismissed, but federal Judge Byron Conway denied it.
The case is now being appealed to a federal judge in the Seventh Circuit of Appeals in Chicago.
