KENOSHA, Wis. — A federal judge has dismissed a lawsuit filed by Kenosha Police Officer Pep Moretti, formerly known as Peter Percak, who claimed that the City of Kenosha and two police chiefs discriminated against him because he is gay by refusing to promote him to sergeant. U.S. District Judge William C. Griesbach granted summary judgment Thursday, November 5, 2026, in favor of the City, former Police Chief Eric Larsen, and current Police Chief Patrick Patton. Moretti, who was previously investigated after a 20-year-old man accused him of drugging and sexually assaulting him, will receive nothing from the lawsuit.
The 24-page decision brings an end, at least at the district court level, to a legal battle in which Moretti accused police leadership of discrimination and retaliation. Griesbach concluded that Moretti failed to present sufficient evidence for a reasonable jury to find that his sexual orientation was the reason he was not promoted or that the department retaliated against him for filing a discrimination complaint.
Moretti has been employed by the Kenosha Police Department since 2009. His lawsuit focused on promotional decisions made by Larsen in 2022 and Patton in 2023, when Moretti was passed over for the rank of sergeant despite having previously ranked highly on a promotional eligibility list.
Previous Sexual Assault Investigation
Moretti was the subject of a 2016 sexual assault investigation after a 20-year-old man reported that the off-duty Kenosha police officer had drugged him and sexually assaulted him inside his Twin Lakes home. The allegations were investigated by the Kenosha County Sheriff’s Department, and Moretti acknowledged having sexual contact with the young man but maintained that the encounter was consensual.
According to the investigation previously detailed by Kenosha County Eye, the young man, identified by the pseudonym “Kyle,” first encountered Moretti near Moretti’s Lindenhurst, Illinois, residence around 3 a.m. while skateboarding. Moretti, who was driving a Chevrolet Camaro, exchanged Snapchat information with the young man, and the two subsequently communicated through the application. The young man told investigators that Moretti, who used the name “Demon Pep,” later sent him a sexually suggestive message and proposed getting together to drink alcohol.
The two eventually met at the young man’s Twin Lakes residence on the night of November 30, 2016. Moretti brought alcohol in a Six Flags souvenir cup, and the young man told investigators that Moretti shared the drink with him while taking only small sips himself. The young man alleged that he lost consciousness shortly after drinking from the cup and believed that Moretti had drugged him.
The young man told sheriff’s detectives that he briefly regained consciousness and discovered that he was naked and lying face down on his bed. He reported feeling what he believed was Moretti penetrating him anally and said that when he questioned what was happening, Moretti dismissed his concerns. The young man said he then lost consciousness again and later awakened around 11 a.m., still naked, experiencing anal pain and discovering that his bedroom was in disarray.
After discussing the incident with a friend, the young man went to a hospital on December 1, 2016, for a sexual assault examination. Although initially embarrassed and reluctant to pursue criminal charges, he later told investigators that he wanted Moretti prosecuted. He subsequently identified Moretti in a photographic lineup.
During a recorded interview with Kenosha County Sheriff’s detectives, Moretti acknowledged engaging in sexual activity with the young man but insisted that everything was consensual. Moretti initially described the young man initiating oral sexual activity and did not volunteer that anal penetration had occurred. When a detective specifically questioned him about whether anal sex had taken place, Moretti acknowledged that it had.
Moretti maintained that the young man had initiated the sexual activity and had suggested that they not use condoms. He also told investigators that he was in a long-term relationship with another man and that the relationship was open. The young man’s account differed sharply, with the alleged victim maintaining that he was unconscious or incapacitated during the sexual assault.
The criminal investigation was referred to Walworth County District Attorney Zeke Wiedenfeld because of a conflict involving the Kenosha County District Attorney’s Office. Wiedenfeld ultimately declined to prosecute Moretti, and no criminal charges were filed. Kenosha County Eye previously sought an explanation for the decision, but Wiedenfeld did not provide one.
Kenosha Police Department internal affairs investigators also reviewed Moretti’s conduct. The investigating sergeant concluded that Moretti had not violated department policies, although he counseled Moretti about exercising better judgment during off-duty activities. Then-Police Chief Daniel Miskinis concurred with the findings, and the internal investigation was closed without disciplinary action.
Judge Rejects Claims Of Discrimination By Former And Current Police Chiefs
In his ruling, Griesbach examined Moretti’s allegations against Larsen and Patton separately. Moretti had ranked second on the department’s 2021 sergeant eligibility list and moved into first place after Detective Benjamin Antaramian was promoted on January 1, 2022. When another sergeant retired in July 2022, Moretti remained first on the list, but Larsen declined to fill the vacancy.
Larsen testified that the department was experiencing a shortage of patrol officers and that maintaining patrol staffing was more important than adding another supervisor. Griesbach accepted that the staffing shortage was genuine and found no evidence that Larsen’s decision was motivated by Moretti’s sexual orientation.
When Patton became chief in January 2023, he changed the promotional process to place greater emphasis on education and outside interviews. Moretti performed poorly under the revised system, ranking near the bottom of the 2023 eligibility list and outside the top five candidates eligible for promotion. Patton subsequently selected three other officers for promotion to sergeant.
Moretti argued that the changes and promotional decisions were discriminatory. However, Griesbach emphasized that Moretti himself acknowledged that the revised promotional process was fair and was not biased against him or gay officers generally. The judge also rejected Moretti’s argument that the department’s refusal to allow Pride patches or publish Pride Month social media messages demonstrated hostility toward gay officers.
The court noted that Patton had also refused requests involving Black Pride pins, Thin Blue Line pins, and commemorative pins related to the 2020 riots. Griesbach concluded that the uniform restrictions were applied equally rather than selectively targeting gay officers.
Retaliation Allegations Also Rejected
Moretti also alleged that the department retaliated against him after he filed a discrimination complaint with the Wisconsin Equal Rights Division in August 2023. He claimed that supervisors reduced his opportunities to train new police recruits as a Field Training Officer, costing him training assignments and associated compensation.
However, court records showed that Moretti received the fourth-highest number of Field Training Officer hours in 2023 and the highest number of any officer in 2024. His training assignments were temporarily restricted in 2025 after supervisors expressed concerns about his repeated complaints concerning the department’s promotional process and the possibility of Field Training Officer burnout.
One recruit disputed having provided negative feedback about Moretti, but another confirmed that Moretti had expressed frustrations about the department and its promotion process. Griesbach concluded that the department had legitimate reasons for temporarily reducing Moretti’s training assignments and that Moretti failed to establish a connection between those decisions and his discrimination complaint.
After approximately seven or eight months, Moretti was again assigned a recruit to train. The judge found no sufficient evidence that the temporary interruption was retaliatory.
Lawsuit Dismissed, City And Police Chiefs Prevail
Griesbach granted the defendants’ motion for summary judgment in its entirety, dismissing the case without a trial. The court’s judgment, entered Thursday, November 5, states that Moretti takes nothing from the lawsuit.
The ruling represents a complete victory at the district court level for the City of Kenosha, Larsen, and Patton. Moretti retains the ability to seek appellate review, but the federal court has rejected all of his remaining discrimination and retaliation claims.
The dismissal also follows the Wisconsin Equal Rights Division’s earlier rejection of Moretti’s administrative discrimination complaint. That agency previously found no probable cause to believe that the City had discriminated against him based on his sexual orientation.
