APPLETON, Wis. (WBAY) – Attorneys for an Appleton police officer named in a federal lawsuit are appealing a judge’s decision denying qualified immunity and letting the lawsuit move forward.
It concerns the shooting death of 33-year-old Daniel Pesavento in August 2022.
Appleton police officer Bryce Rudebeck shot the 33-year-old man in the driveway of his home during negotiations. Police were responding to a 911 call after a domestic incident.
The lawsuit says Rudebeck fired four shots that hit Pesavento.
The Outagamie County District Attorney determined the officers involved would not face criminal charges. In January of 2025, Pesavento’s estate filed an amended complaint that added a claim of wrongful death.
In an appeal filed with the Seventh Circuit Court of Appeals this week, attorneys for the officer pose a legal question as to whether the officer violated “clearly established law”.
They are asking the federal court to put the case on hold until the Seventh Circuit decides the issue.
Copyright 2026 WBAY. All rights reserved.
