KENOSHA, Wis. — Kenosha Police Officer Pep Moretti, formerly known as Peter Percak, has appealed a federal judge’s decision throwing out his discrimination lawsuit against the City of Kenosha, former Police Chief Eric Larsen, and Police Chief Patrick Patton. Moretti, who was previously investigated after a young man accused him of drugging and sexually assaulting him, filed his appeal Thursday, November 12, 2026, just one week after U.S. District Judge William C. Griesbach dismissed his lawsuit in its entirety. The appeal means the City and its officials must continue defending litigation that has already resulted in a complete victory for the defendants at the district court level.
Moretti’s attorney, Madison lawyer Amy F. Scarr, filed a notice of appeal and a two-page docketing statement seeking review by the United States Court of Appeals for the Seventh Circuit. The filings do not identify specific errors in Griesbach’s 24-page decision or explain why the appellate court should reverse his ruling. Instead, they formally initiate an appeal of the November 5 judgment, which ordered that Moretti take nothing from his lawsuit.
The appeal comes despite Griesbach’s detailed findings that Moretti failed to produce sufficient evidence that either police chief discriminated against him because of his sexual orientation. The judge also rejected Moretti’s allegation that the department retaliated against him for filing a discrimination complaint. Although Moretti has the legal right to appeal, the continued litigation raises questions about how much additional money Kenosha taxpayers may be required to spend defending the City and its officials.
Kenosha County Eye contacted Scarr Thursday to ask what specific legal or factual errors she believes Griesbach made and whether she genuinely believes her client has a realistic chance of prevailing on appeal. KCE also questioned whether continuing the litigation serves a legitimate legal purpose or simply prolongs the case at taxpayer expense. A response had not been received as of publication.
Federal Judge Dismissed Entire Lawsuit Just One Week Ago
Griesbach granted summary judgment on November 5, 2026, in favor of the City of Kenosha, Larsen, and Patton. The decision ended the lawsuit at the district court level without a trial after the judge determined that Moretti had failed to present evidence sufficient to allow a reasonable jury to find discrimination or retaliation.
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 promotion to sergeant despite having previously ranked highly on a promotional eligibility list.
The 24-page ruling examined the department’s promotional procedures, staffing shortages, educational requirements, Moretti’s performance on promotional examinations, and allegations that police leadership had demonstrated hostility toward gay officers. Griesbach ultimately concluded that the evidence did not support Moretti’s claims.
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 found that the staffing shortage was genuine and that Moretti had not presented evidence showing Larsen’s explanation was a pretext for discrimination.
The judge also noted that Larsen had not promoted anyone else to sergeant after the retirement created the vacancy. Griesbach concluded that Moretti had failed to demonstrate that similarly situated heterosexual officers received preferential treatment under the same circumstances.
When Patton became chief in January 2023, he changed the promotional process to place greater emphasis on education and outside interviews. The previous process had weighted internal evaluations more heavily, while Patton believed greater emphasis on education and outside assessments would improve the department’s supervisory ranks.
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, effective July 1, 2023.
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.
The judge further noted that other openly gay officers had been promoted within the department. He found no evidence sufficient to establish that either Larsen or Patton had intentionally denied Moretti a promotion because of his sexual orientation.
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. The second recruit testified that although Moretti’s comments had not negatively affected his own training, he found them concerning and believed they could affect future recruits.
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. The judge also noted that Moretti was never permanently removed from the department’s Field Training Officer program.
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.
Appeal Could Mean Additional Legal Expenses For Kenosha Taxpayers
The November 12 notice of appeal, filed by Scarr, identifies the November 5 final judgment as the decision Moretti is challenging. A separate docketing statement identifies the federal laws and constitutional provisions underlying the original lawsuit and establishes the appellate court’s jurisdiction. Neither filing provides a substantive argument explaining why Griesbach’s decision should be overturned.
An appeal of summary judgment generally requires the appellate court to examine whether the district court correctly applied the law and whether genuine disputes of material fact should have prevented dismissal. The Seventh Circuit can review those questions without deferring to the district court’s legal conclusions, meaning the appeal is not automatically unsuccessful simply because Griesbach issued a lengthy and detailed ruling.
However, Moretti’s attorneys will have to overcome the district court’s conclusions that he failed to establish evidence of discriminatory intent, failed to show that the City’s explanations for its promotional decisions were dishonest, and failed to establish that the temporary reduction in his training assignments was retaliation.
The appeal also raises questions about the continued expenditure of public funds. The City of Kenosha and its officials have already defended the lawsuit through discovery, depositions, extensive briefing, and summary judgment proceedings. Additional appellate litigation could require further attorney time and legal expenses, although the amount ultimately borne by taxpayers has not been established.
What Happens Next?
The case will now move into the federal appellate process, where the Seventh Circuit will establish deadlines for the parties to submit their legal arguments. Moretti’s attorney will have an opportunity to explain why she believes the district court’s decision should be reversed, and the City and its officials will have an opportunity to defend the judgment.
The November 5 ruling remains the district court’s final judgment unless it is reversed or otherwise modified through further proceedings. Moretti has not obtained a promotion or any monetary relief through the lawsuit.
The appeal 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.
For now, Moretti’s lawsuit remains dismissed, but his decision to appeal ensures that the legal dispute will continue. Whether the Seventh Circuit finds any basis to disturb Griesbach’s ruling remains to be determined, as does the additional cost of defending the case.
