GREEN BAY (AP) -- — A lawsuit against the City of Green Bay, Brown County and law enforcement officials, filed by the estate of a man shot and killed by a police officer, has been dismissed. U.S. District Judge William Griesbach dismissed the wrongful death lawsuit this week.
Jonathon Tubby was handcuffed and unarmed when Green Bay Officer Erik O'Brien shot him five times and killed him at the Brown County Jail in October 2018. After an investigation by the state Department of Justice, Brown County District Attorney David Lasee ruled O'Brien acted within the law, and would not face charges.
O'Brien maintained he believed Tubby was armed and therefore was justified in shooting him.