GREEN BAY, Wis. (Legal Newsline) - The fatal shooting of a 33-year-old Army veteran who had a gun to his head was not justified, a lawsuit against Appleton, Wis., says.
The Estate of Daniel Pesavento, represented by Special Administrator Alexandra Pesavento and her daughter H.P., filed a lawsuit May 24 in Green Bay federal court against Appleton police officer Bryce Rudebeck and the City of Appleton.
The complaint alleges that Officer Rudebeck used excessive and unjustifiable force when he shot and killed Daniel Pesavento on August 12, 2022. According to the filing, Daniel was experiencing a mental health crisis and posed no imminent threat to anyone but himself when he was shot by Rudebeck from behind a police car with a military-grade rifle.
The plaintiffs claim that this action violated Daniel's Fourth and Fourteenth amendment rights and resulted in his wrongful death.
The suit details that Daniel, a decorated U.S. Army veteran suffering from post-traumatic stress disorder (PTSD), had been despondent and suicidal at the time of the incident.
Despite knowing this, Officer Rudebeck allegedly opened fire without warning while other officers were attempting to negotiate with Daniel. The complaint also accuses Rudebeck of lying to investigators about the circumstances of the shooting.
Rudebeck was cleared of wrongdoing in the shooting and faced no criminal charges.
Michael Fox of Fox & Fox and Ben Elson of People's Law Office represent the plaintiffs.