PHOTO: Courtesy of WLUK
APPLETON, WI (WTAQ-WLUK) – A federal lawsuit filed by the estate of man inadvertently shot and killed by an Appleton police officer during a bar fight will be dismissed, a judge said Tuesday, more than eight years after the incident.
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.
After the case sat for more than three years without any action by the court, Sanders’ attorney filed two motions earlier this year, asking for the court to do something. Judge Pamela Pepper apologized Tuesday for allowing the case to be pending for an “unforgivably long time.”
In a telephone conference Tuesday, Judge Pamela Pepper said she would grant the defendant’s motion to dismiss the case. A written decision is expected to be issued by the end of the week.
The judge called the situation “the very definition of tragic,” as Sanders had nothing to do with the fight. She noted that the videos from the scene are not definitive, despite the assertions by the attorneys of what they show.
Judge Pepper ruled Steinke’s actions indeed constituted a ‘seizure’ under the Fourth Amendment due to his intentional act to fire his gun in an attempt to stop the threat. There is enough of a dispute on if Steinke’s use of force was reasonable that dismissing the case under a summary judgment motion would not be appropriate. However, Lt. Steinke’s claim of qualified immunity is valid and sufficient, and that Steinke did not violate any clearly established right which would make his conduct illegal, so the case will be dismissed, she said.
The ruling could be appealed to the Seventh Circuit Court of Appeals in Chicago.
Henry Nellum, who instigated the fight, was sentenced to 16.5 years in prison.
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