Civil rights case against officer under appeal

Burroughs shot to death at Niles apartment complex in 2019

A former Niles police officer, who was found by a federal judge to have used excessive force and reckless conduct in the 2019 shooting death of a Niles man, has appealed the civil rights case to the U.S. Sixth Circuit Court of Appeals.

Attorneys for Christopher Mannella, who retired from the Niles police force in 2020, has asked for oral arguments before the appellate court after U.S. District Judge Sara Lioi ruled against him in the excessive force and wrongful death claims made by the estate of Matthew Burroughs.

Burroughs, 35, was shot and killed in a car that was running at the Royal Mall apartment complex on Jan. 2, 2019. The car driven by Burroughs earlier was involved in a pursuit after a clerk in Niles Municipal Court recognized Burroughs as being wanted on an assault and aggravated menacing warrant.

The facts of the case, taken from depositions in the case heard by Lioi, show that Burroughs had escaped from a probation officer who tried to detain him outside the court, driving his white Ford Fusion to the Royal Mall area.

When Burroughs reached the Royal Mall apartments, his car was boxed in by police cruisers. When Mannella both shouted and hand signaled to Burroughs to stop his car, the Fusion continued forward toward the officer. At this point Manella drew his service weapon, firing three rounds into the windshield, which penetrated the glass and struck Burroughs in the chest.

The doors of the Fusion were locked and the vehicle was still in drive when officers had to break a passenger window with in order to unlock the car. The vehicle then lurched forward, striking a dumpster and several vehicles in the complex parking lot.

Subsequent Niles police internal affairs investigation, Ohio Bureau of Criminal Investigation and Trumbull County Prosecutor's Office inquiries found officers to have complied with the department's use-of-force policy.

On March 4, Lioi discmissed the city of Niles, police Chief Jay Holland, James Reppy and Paul Hogan as defendants in the civil rights case. It was filed on behalf of Burroughs' estate, represented by Timothy Rainey, in U.S. District Court for Northern Ohio, proceeding with the four claims only against Mannella.

In an Oct. 31 filing asking for oral arguments, Mannella's attorneys asked the court to hear the underlying facts and both parties' positions in the case.

Mannella's attorneys want the Sixth Circuit judges to determine whether the district court erred when deciding that a jury could find Mannella "acted with malicious purpose in bad faith or in wanton or reckless manner," and therefore "was not entitled to immunity from liability in connection with the plaintiff's claims."

The attorneys claim Mannella feared for his life and shot at Burroughs' car to keep it from moving at him.

Niles Law Director Phil Zuzolo said he won't comment on the case until it is concluded. He said all the briefs have been filed with the Sixth District and the parties are now awaiting a decision from the court.

"We don't know how long that will take," Zuzolo said.

Attorneys for the estate of Burroughs have asked the appellate judges to dismiss the appeal based on jurisdictional issues.

The case hinges on Mannella's belief that the facts, as evident from a body worn officer's camera, show "that a reasonable officer would fear for his life in the path of an oncoming vehicle."