Raimey v. City of Niles, Ohio, No. 22-3285 (6th Cir. 2023)
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Burroughs went to the Niles Municipal Court to pay a traffic fine. The electronic docketing system alerted court officials that there was an active warrant for Burroughs’s arrest, relating to a recent domestic violence incident. Zickefoose, a probation officer, followed Burroughs outside, commanded him to stop, and told him to put his hands behind his back. When Zickefoose tried to grab Burroughs’s forearm, he pulled away and ran toward the parking lot. Zickefoose, injured as Burroughs drove away, reported the incident to the police. Four officers responded separately to Burroughs’s apartment complex, where they boxed in Burroughs’s car and yelled for Burroughs to “[s]hut the car off” and “[g]et out of the vehicle.” Officer Mannella fired three rounds into the windshield, which hit Burroughs in the chest, killing him. Officer Reppy fired an additional five shots that penetrated the car but did not hit Burroughs.
In a suit under 42 U.S.C. 1983, the district court determined that a reasonable jury could find that when Mannella opened fire, Burroughs was moving slowly or was stationary; Burroughs was complying with Mannella’s commands and was standing to the side of the car, not in the vehicle’s path. The court noted testimony and unrebutted forensic analysis. The Sixth Circuit affirmed the denial of qualified immunity to Mannella.
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