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Civil rights suit against Niles, officers proceeds

Man shot, killed by police at apartment complex in 2019

YOUNGSTOWN — Both sides litigating the civil rights lawsuit filed by the estate of the late Matthew Burroughs were in court this month to learn a new case schedule from the federal judge.

On Feb. 9, Judge Sara Lioi of the U.S. Court Northern Ohio District conducted a status conference with attorneys for Timothy A. Ramey, estate administrator, and representatves for the city of Niles and the four police officers — including Chief Jay Holland — involved in the Jan. 2, 2019, shooting death of Burroughs.

Burroughs, 35, was shot in a car parked at the Royal Mall apartment complex. The car driven by Burroughs was involved in a pursuit after a clerk in Niles Municipal Court earlier that day recognized him as being wanted on a warrant.

Attorneys Nick DiCello, Earl Ward, Kevin Hulick and Mel Lute Jr. participated in the phone conference. According to court records, Lioi discussed with counsel the pending joint motion for an extension of certain case management deadlines.

The following new dates were established: The deadline for the party with the burden of proof to identify experts and provide reports was extended to April 15; the deadline for rebuttal expert reports is May 5; summary judgment motions are due June 25; oppositions to summary judgment are due July 30, and any reply briefs must be filed by Aug. 13.

Loio kept the existing Nov. 19 final pretrial conference date and the Dec. 13 start for the jury trial.

The federal complaint, filed on the first anniversary of Burroughs’ death, claims three Niles officers — Christopher Mannella, James Reppy and Paul Hogan — used excessive force and charges them with assault and battery, and the city with wrongful death.

For many months after Burroughs’ death, groups representing the victim regularly attended city council meetings seeking action from Niles officials. An investigation conducted by the Bureau of Criminal Investigation, in a report issued in September 2020, absolved the officers and the city of any criminal negligence in the shooting.

DiCello of Cleveland, representing the plaintiff, said evidence is being investigated as the case is proceeding.

Lead defense attorney Gregory Beck of North Canton did not respond to an email seeking comment on the case, but Niles Law Director Phillip Zuzolo said both sides have exchanged evidence, and the attorneys are taking dispositions.

Niles Mayor Steve Mientkiewicz said on Thursday he cannot comment on ongoing litigation.

gvogrin@tribtoday.com

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