Family of Appleton man shot by police sues city and officials

The family of a man shot and killed by police in 2022 is suing the city of Appleton and the police officer who fired the gun.

The federal lawsuit was filed last Friday in District Court for the Eastern District of Wisconsin. The suit argues that Officer Bryce Rudebeck used excessive force when he shot Daniel Pesavento in his driveway in August 2022.

Officers responded to a domestic violence call, which led to a standoff between police and Pesavento, who was carrying a gun and expressing suicidal thoughts, according to the Outagamie County District Attorney’s Office.

At the time, Outagamie County District Attorney Melinda Tempelis, following an investigation by the Wisconsin Department of Justice, found that Rudebeck’s use of force was justified.

However, the lawsuit says Rudebeck’s use of deadly force was “unnecessary, unreasonable and excessive” because Pesavento pointed the gun at himself and posed “no immediate threat of death or bodily harm to Rudebeck or anyone else” when he was shot.

The family is suing Rudebeck and the city for excessive use of force. Pesavento’s wife Alexandra and his daughter, who was two years old at the time of the shooting, are the plaintiffs in the case.

They sought compensatory and punitive damages as well as “any other compensation” the court deems appropriate.

As of Thursday, neither the city nor Rudebeck had responded to the lawsuit in court filings, nor had any hearings been scheduled in the case.

Appleton Police Chief Polly Olson said by email that the city had not been served with a lawsuit as of Thursday morning. She declined to comment further.