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Woman files wrongful death civil lawsuit against Green Bay police officers

File photo (WLUK/Gabrielle Mays)

GREEN BAY (WLUK) - The mother of a man shot and killed by Green Bay police officers filed a wrongful death civil lawsuit in federal court late Tuesday.

Toni Biegert, acting as the administrator for the estate of Joseph Biegert, filed the suit against the City of Green Bay, then-Chief Tom Molitor, Officer Matthew Dunn, Officer Brian Krueger, and 10 police officers identified only as John Does #1-10.

According to the lawsuit, Biegert was "unlawfully subjected to excessive force when he was shot and killed on February 24, 2015."

The 22-page suit says police responded to an apartment on Plymouth Lane for a welfare check. It says it was "widely known" by police that he had a mental illness but was non-violent in encounters with police. He resisted when the officers prepared to take him into custody without any probable cause.

Police said Biegert stabbed an officer, who then returned fire. A second officer also shot Biegert, according to Dept. of Justice review.

The Brown County District Attorney's office reviewed the case, and determined the officers would not face criminal charges.

On Wednesday, police chief Andrew Smith released a statement, which said, “I cannot comment on any pending litigation, but this incident was investigated by the Wisconsin Department of Justice’s Division of Criminal Investigation. That independent investigation concluded that the involved Green Bay Police Department officers acted appropriately.”

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