Man Shot by Police Considers Suit

May 31, 2007 06:42 PM

Police shot 31-year-old Cesar Grijalva in the arm last month while inside downtown night club Studio 720. The stray bullet came from Green Bay police officers, who opened fire on 25 year old Ben Sonnenberg after they say he reached for a gun during a traffic stop. Sonnenberg died.

Now Grijalva says he will seek legal action against the Green Bay Police Department for his injuries.

Grijalva says being an undocumented immigrant won't change his mind about whether he'll seek damages against the green bay police department.

"I'm not afraid if they deport me, they have the right to do that, but I'm not afraid,"
Grijalva said.

But does his legal status change what his rights are under the law?

"If we were to assume that, I don't think that would really make a difference. The police have no more right to an illegal immigrant than they do to shoot at you and me," said Cesar's attorney John Peterson.

Peterson says he has two different options. The first is finding out if police violated constitutional rights and the other is filing a claim under the Wisconsin Personal Injury Law. "Police shot, as I understand, about 33 rounds. Most of them into the façade of a crowded building. I think most people would think at the very least a negligent act," Peterson said.

But Green Bay City Council President Chad Fradette views the officers actions differently.

"Police were trying to do what they thought was right which was to protect a larger amount of people and that's what they did so I can't fault them for that. It's unfortunate that he was caught in the crossfire and you don't want to see anyone innocent be shot. So that's unfortunate. But he shouldn't have been here anyway because he's an illegal alien," Fradette said.

PETERSON SAYS THERE'S NO TIMELINE ON IF OR WHEN A LAWSUIT WILL BE FILED.

http://www.wbay.com/global/story.asp?s=6595250