Civil rights swimsuit towards Niles, officers proceeds | Information, Sports activities, Jobs
YOUNGSTOWN – Both sides litigating the civil rights lawsuit filed by the late Matthew Burroughs estate were in court this month to hear a new case plan from the federal judge.
On February 9, Judge Sara Lioi of the U.S. District Court in Northern Ohio hosted a status conference with attorneys for Timothy A. Ramey, estate administrator, and representatives from the City of Niles and the four police officers involved – including Chief Jay Holland on January 2, 2019 was shot the death of Burroughs.
Burroughs, 35, was shot dead in a car parked in the Royal Mall apartment complex. The car driven by Burroughs was involved in a chase after a Niles Municipal Court employee discovered that day he was wanted on an arrest warrant.
Attorneys Nick DiCello, Earl Ward, Kevin Hulick, and Mel Lute Jr. attended the conference call. According to court records, Lioi was discussing the pending joint motion with a lawyer to extend certain time limits for managing the case.
The following new dates have been set: the deadline for the party obliged to provide evidence to identify experts and submit reports has been extended to April 15; The deadline for refuting opinions ends on May 5th. summary motions for judgments are due on June 25; Objections to the summary judgment are due by July 30th and all responses must be submitted by August 13th.
Loio kept the existing date for the final pre-trial conference on November 19 and the trial to begin on December 13.
The federal complaint, filed on the first anniversary of Burroughs’ death, alleges three Niles officers – Christopher Mannella, James Reppy and Paul Hogan – used excessive force and charged them with assault and battery, and the city of unjustified death.
Many months after Burroughs’ death, groups representing the victim regularly attended city council meetings to take action from Niles officials. An investigation conducted by the Bureau of Criminal Investigation in a report released in September 2020 cleared the officers and the city from any criminal negligence in the shooting.
Cleveland-based DiCello, who represents the plaintiff, said evidence will be investigated while the case continues.
North Canton senior counsel Gregory Beck did not respond to an email asking for comment on the case, but Phillip Zuzolo, Niles law director, said the two sides had exchanged evidence and the attorneys are making dispositions.
Niles Mayor Steve Mientkiewicz said Thursday he was unable to comment on ongoing litigation.
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