Williams v. City of Canton

CourtDistrict Court, N.D. Ohio
DecidedMarch 30, 2025
Docket5:23-cv-00655
StatusUnknown

This text of Williams v. City of Canton (Williams v. City of Canton) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. City of Canton, (N.D. Ohio 2025).

Opinion

PEARSON, J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

MARQUETTA WILLIAMS, Individually ) CASE NO. 5:23CV655 and as Administratrix of the Estate of ) James Williams, Deceased, ) ) JUDGE BENITA Y. PEARSON Plaintiff, ) ) v. ) ) CITY OF CANTON, et al., ) ) MEMORANDUM OF OPINION ) AND ORDER Defendants. ) [Resolving ECF No. 81]

Pending is Defendant Robert Huber’s Motion for Summary Judgment in which he seeks qualified immunity. See ECF No. 81. Plaintiff Marquetta Williams, individually and as Administratrix of the Estate of James Williams, Deceased, filed a brief in opposition. See ECF No. 90. Officer Huber replied. See ECF No. 91. Having reviewed the briefs, the record, and the applicable law, the Court denies Officer Hubert’s Motion for Summary Judgment in its entirety. I. Background Just minutes into the New Year of 2022, Officer Huber heard rapid gunshots while patrolling a neighborhood in Canton, Ohio, in his cruiser. Believing the gunshots occurred nearby, Officer Huber decided to investigate the source of the gunshots and radioed dispatch. After driving approximately one block, Officer Huber’s investigation led him to 2307 10th Street SW, the Williams’ residence. Upon arrival, Officer Huber parked his cruiser in the middle of the street. He did not activate his cruiser’s lights or sirens. Between slats of the Williams’ privacy fence, Officer Huber saw Mr. Williams enter the side door of his residence carrying a rifle. After seeing Mr. Williams and no one else, Officer Huber dispatched fellow officers to request back- up. Officer Huber left his vehicle to investigate the matter more thoroughly. He performed a

cursory inspection of the exterior of Mr. Williams’ home and approached the front porch. He did not knock on the door or announce his presence. After inspecting the front porch, Officer Huber moved towards the southeast side of the Williams’ residence, before returning to the middle of the sidewalk to look inside the home for suspicious activity or disturbances. Seeing nothing more, he went back to the street to continue waiting for backup. While Officer Huber waited for back-up near the southeastern corner of the residence, Mr. Williams exited the side door of his residence onto the patio. There, Mr. Williams began discharging gunfire into the air above. Hearing gunshots coming from the west side of the house, Officer Huber charged to that side of the house, and discharged eight bullets through the privacy fence. He shot at Mr. Williams eight times. Six of Officer Huber’s bullets struck Mr.

Williams 1 Only after the sixth shot, did Officer Huber announce his presence, shouting “shots . fired, shots fired,” and “Police! Get down now! Police, Get down now!” Mr. Williams died in an ambulance while on the way to hospital. Mr. Williams’ wife, Marquetta Williams, individually and as Administratrix of the Estate of James Williams, brought a claim against Officer Huber pursuant to 42 U.S.C. § 1983 for the deprivation of Decedent Williams’ clearly established rights as secured by the Fourth and Fourteenth Amendments to the United States Constitution. See Compl. (ECF No. 1).

1 See Pl.’s Ex. 1, Report of Autopsy (ECF No. 90-1) at PageID #: 2709-2715. II. Standard of Review “Summary judgment is appropriate when ‘the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.’” Scola v. Publix Supermarkets, Inc., 557 F. App'x 458, 462 (6th Cir. 2014) (quoting Fed. R. Civ. P. 56(a)).

The fact under dispute must be “material,” and the dispute itself must be “genuine.” A fact is “material” only if its resolution will affect the outcome of the lawsuit. Scott v. Harris, 550 U.S. 372, 380 (2007). In determining whether a factual issue is “genuine,” the Court assesses whether the evidence is such that a reasonable jury could find that the non-moving party is entitled to a verdict. Id. (“[Summary judgment] will not lie . . . if the evidence is such that a reasonable jury could return a verdict for the nonmoving party”). The moving party need not file affidavits or similar materials negating a claim on which its opponent bears the burden of proof, so long as the movant relies on the absence of an essential element in the pleadings, depositions, answers to interrogatories, and admissions on file. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). “The trial court is not required to

search the entire record to establish that a genuine issue of material fact exists.” Malee v. Anthony & Frank Ditomaso, Inc., No. 1:16CV490, 2018 WL 1805402, at *2 (N.D. Ohio Apr. 16, 2018) (citing Tucker v. Tennessee, 539 F.3d 526, 531 (6th Cir. 2008)) (abrogated on other grounds). “‘[I]f a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c),’ the court may determine that fact is undisputed.” Malee, No. 1:16CV490, 2018 WL 1805402, at *2 (quoting Fed. R. Civ. P. 56(e)(2)). To survive summary judgment, the non-moving party “must ‘do more than simply show that there is some metaphysical doubt as to the material facts.’” F.3d 523, 529 (6th Cir. 2019) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)). Once the movant makes a properly supported motion, the burden shifts to the non-moving party to demonstrate the existence of a genuine dispute. An opposing party may not simply rely on its pleadings; it must “produce evidence that results in a conflict of material

fact to be resolved” by a factfinder. KSA Enterprises, Inc. v. Branch Banking & Tr. Co., 761 F. App'x 456, 464 (6th Cir. 2019) (quoting Cox v. Ky. Dep’t of Transp., 53 F.3d 146, 150 (6th Cir. 1995)). “The mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Srouder v. Dana Light Axle Mfg., LLC, 725 F.3d 608, 613 (6th Cir. 2013) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986)). In analyzing a motion for summary judgment, the Court “must view the evidence in the light most favorable to the nonmoving party.” Lossia v. Flagstar Bancorp, Inc., 895 F.3d 423, 428 (6th Cir. 2018) (citing Latits v. Phillips, 878 F.3d 541, 547 (6th Cir. 2017)). III. Discussion

A. Qualified Immunity Officer Huber argues that he is entitled to qualified immunity against Plaintiff’s §1983 claim of excessive force. See ECF No. 81 at PageID #: 2189. Plaintiff contends that Officer Huber used excessive force in violation of the Fourth Amendment, and that the defense of qualified immunity cannot apply, because no reasonable officer could justify Officer Huber’s use of deadly force. ECF No. 90 at PageID #: 2694. “Qualified immunity is a defense government officials can raise when claims arise from the performance of their discretionary functions.” Meeks v. Larsen, 999 F. Supp. 2d 968, 977 (E.D. Mich. 2014), aff'd, 611 F. App'x 277 (6th Cir. 2015).

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Williams v. City of Canton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-city-of-canton-ohnd-2025.