RAIMEY v. CITY OF NILES, OHIO

No. 22-3285.

77 F.4th 441 (2023)

Timothy A. RAIMEY, Administrator of the Estate of Matthew Burroughs, Plaintiff-Appellee, v. CITY OF NILES, OHIO, et al., Defendants, Christopher Mannella, Niles City Police Department Officer, in his individual capacity, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2023.


Attorney(s) appearing for the Case

ARGUED: Mel L. Lute, Jr. , BAKER DUBLIKAR, North Canton, Ohio, for Appellant. Kevin C. Hulick , SPANGENBERG, SHIBLEY & LIBER, LLP, Cleveland, Ohio, for Appellee. ON BRIEF: Mel L. Lute, Jr. , Gregory A. Beck , Andrea K. Ziarko , BAKER DUBLIKAR, North Canton, Ohio, for Appellant. Kevin C. Hulick , Nicholas A. DiCello , SPANGENBERG, SHIBLEY & LIBER, LLP, Cleveland, Ohio, Jonathan S. Abady , Earl S. Ward , Vivake Prasad , EMERY CELLI BRINCKERHOFF ABADY WARD & MAZEL LLP, New York, New York, for Appellee.

Before: MOORE, CLAY, and STRANCH, Circuit Judges.


OPINION

In January 2019, Officer Christopher Mannella fatally shot James Burroughs at an apartment complex in Niles, Ohio. On behalf of Burroughs's estate, Timothy Raimey brought this action under 42 U.S.C. § 1983 and state law against the City of Niles and several involved police officers. The Defendants...

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