A photo of Jimmie Sanders. (IMAGE: Courtesy of Fox 11 WLUK)
APPLETON, WI (WTAQ-WLUK) – More than three years after the last briefs were filed in a wrongful lawsuit, the family of a man shot and killed by a police officer nearly eight years ago wants to know when a judge is going to make a decision in the case.
Lt. Jay Steinke shot and killed Jimmie Sanders at Jack’s Apple Pub on May 21, 2017. There was a fight at the bar, which Sanders was not a part of. During the incident, Steinke fired, striking Sanders. After a review, the district attorney cleared Steinke of any criminal charges.
In July 2020, the Sanders estate filed a wrongful death lawsuit in federal court, accusing Steinke of unreasonable use of force. Steinke’s attorneys assert he is entitled to qualified immunity, discretionary act immunity, and that his conduct was privileged under the law.
Steinke asked for a summary judgment ruling, which would, in effect, dismiss the case in his favor. The last briefs were filed Dec. 17, 2021, but no decision has been filed, court records show.
Sanders’ family filed a motion Friday, asking for a status conference in the case.
“The Estate respectfully requests a status conference to learn the court’s timeline for deciding the pending motion for summary judgment. The Estate understands and appreciates the significant number of cases on the court’s docket. The Estate also appreciates that our legislators have failed to provide the additional resources requested by the bench and bar. We thank the court for its kind consideration,” wrote attorney William Sutton.
As of Monday morning, neither the court nor Steinke have replied to the request.
Henry Nellum, who instigated the fight, was sentenced to 16.5 years in prison.
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