GREEN BAY, WI (WTAQ-WLUK) – The Appleton police officer sued by the estate of the man he shot and killed during a disturbance at a bar wants the case dismissed.
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.
Earlier this year, Sanders’ estate filed a wrongful death lawsuit in federal court, accusing Steinke of unreasonable use of force.
In the formal response filed Monday, Steinke’s attorneys state “Any injuries or damages suffered by the Plaintiff were caused by the conduct of Jimmie Martell Sanders, Henry M. Nellum or other parties, and not by any conduct of the Defendant.”
Steinke’s attorneys assert he is entitled to qualified immunity, discretionary act immunity, and that his conduct was privileged under the law.
No hearings have been scheduled.
Henry Nellum, who instigated the fight, was sentenced to 16.5 years in prison.
