Family of Jonathan Tubby announces plans to appeal federal judge’s decision to dismiss lawsuit

Local News

BROWN COUNTY, Wis. (WFRV) — Sunday morning, the family of Jonathan Tubby revealed their disappointment with a federal judge’s decision to dismiss their lawsuit against Green Bay and Brown County law enforcement.

“Today we are here to express how disheartened we are by the decision that was made by Judge Griesbach,” Sue Doxtator, Tubby’s aunt said. “The decision that was made by Judge Griesbach is because he doesn’t want to look internally. He doesn’t want to make those changes to hold officers accountable, so they don’t have to make any changes at all. So they don’t have to obey by the laws like we have to.”

In February 2018, the Brown County District Attorney announced that no charges would be filed against officer Eric O’Brien in the 2018 shooting death of Tubby.

“The reason he told us, the family, as we sat with him is the same one that many DA’s have given across the country and that is the police qualified immunity,” Arlie Doxtator, Tubby’s uncle said. “That needs to change.”

The family filed their lawsuit in January 2019, hoping to bring about that change.

The day after the federal judge dismissed that suit, the family says they were notified by their attorneys that Brown County had filed a bill of costs to the court against Tubby’s estate of $19,920.59 for the cost of deposition transcripts.

“Our family, as you can imagine, are shocked and again disheartened that almost three years of fighting for wrongs that were done to Jonathan, that Brown County shows absolutely no empathy, remorse, for Jonathan’s death,” Arlie said of the bill.

Moving forward, the family has revealed plans to release the video they have from the night Tubby was killed.

“We also will probably start releasing some of the depositions, because some of the stories, some of the things that happened, from the time we started to now, aren’t being told,” Sue said.

The family is also appealing Judge Griesbach’s decision to the Seventh Circuit Court of Appeals.

Ultimately they say they hope the lawsuit can help lead to accountability for police.

“Change has to come,” Arlie said. “This change is bigger than us. We’re only one small piece of that puzzle, And if Jonathan was called home to be a part of that puzzle, I think that’s a pretty honorable way to go, and I’m honored to be called his uncle.”

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