Federal Appeals Court Clears Path for Williams Family’s Civil Rights Claims
CLEVELAND — March 10, 2026 — The U.S. Court of Appeals for the Sixth Circuit has denied qualified immunity to a Northeast Ohio police officer who fatally shot a father of three in a sniper‑style shooting through a wooden privacy fence without warning during a New Year’s Eve celebration. The decision allows a jury to decide whether the Canton police officer’s use of deadly force violated clearly established constitutional law.
“Qualified immunity is not meant to be a shield when an officer uses deadly force without warning against someone who poses no immediate threat,” said DiCello Levitt’s Cleveland Managing Partner Ken Abbarno, a member of the trial team representing the Williams family. “The Sixth Circuit’s decision makes clear that these questions belong before a jury and that long‑standing Fourth Amendment principles still matter — even when an officer claims fear after the fact.”
In Marquetta Williams, et al. v. City of Canton, Ohio, et al., the Sixth Circuit affirmed an Ohio federal court’s denial of summary judgment, holding that disputed factual issues — including whether the victim ever aimed his firearm at the officer — must be resolved by a jury and cannot be dismissed under qualified immunity.
The shooting occurred just after midnight on January 1, 2022, when James Williams was celebrating the arrival of the New Year at his Canton home with his wife and three children. After hearing celebratory gunfire, a Canton police officer positioned himself outside the property and, without identifying himself or issuing any warning, fired multiple shots through a wooden privacy fence, striking Williams six times. He later died from his injuries.
The appellate court ruled that, viewing the evidence in the light most favorable to the family, a reasonable jury could find that the victim was firing into the air — conduct allegedly treated as a misdemeanor in Canton — and posed no immediate threat to police or others. The court emphasized the absence of 911 calls, reports of violence, or signs of danger, and rejected the argument that qualified immunity applied simply because there was no prior case with identical facts.
The ruling allows the family’s excessive‑force claims against the officer to proceed to trial and leaves intact claims against the City of Canton and police supervisors, which allege failures to properly train officers and the existence of an unwritten “shoot first” culture within the department.
DiCello Levitt’s Ken Abbarno, Bobby DiCello, and Justin Hawal represent the Williams family in the civil rights case.
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