Federal lawsuit filed against police officer, department and city for fatal 2023 shooting

The mother of a 24-year-old who was fatally shot by a Canton police officer two years ago has filed a federal lawsuit against the officer, other members of the police department and the city.

The lawsuit, filed by DiCello Levitt, seeks a jury trial, a judgment of at least $1 million and the adoption of “an appropriate policy to prevent future instances of the type of misconduct” by the Canton Police Department, according to 3 WKYC.

The lawsuit names Officer Garrett Marino, the city of Canton, Police Chief John Gabbard and Sgt. Michael Rastetter, Marino’s direct supervisor.

The lawsuit alleges that Marino violated Zachary “Fornash’s right to be free from the use of excessive force,” adding that Marino “has a history of repeated acts of excessive force and/or unreasonable violence against citizens in Canton, Ohio.”

Bobby DiCello, attorney for the Fornash family, provided a statement to the news source about the case.

“Zachary Fornash, a young father and beloved son, deserves justice and fairness. And the residents of Canton deserve a safer police force.

Zachary was shot from behind while walking away from an officer, and his tragic and senseless death underscores the urgent need for accountability and police reform in Canton,” he said.

DiCello said that this lawsuit is “a very important step along the pathway to improving the lives of all residents of Northeast Ohio.”

“The truth is, Ohioans need safe law enforcement. And we will continue to fight against the use of excessive force and stand with families who have been harmed by it, until meaningful reform is achieved,” he said.

The recent news came after a jury found Blendon Township Police Officer Connor Grubb not guilty of murder, felonious assault and involuntary manslaughter for fatally shooting Ta’Kiya Young in August 2023 at a Sunbury Road Kroger store, Ohio.News previously reported.

The decision allegedly resulted in a divide between the local community and its police department.

Ta’Kiya Young’s family attorney, Sean Walton, said that the “system” only prevents people from “holding bad actors accountable.”

“In a case like this, you just hope that you can see some justice. And I think that across the country, those who felt like this was wrong, I think we’re all a little hurt right now,” he said.

Fraternal Order of Police President Brian Steel pushed back against this claim, saying that Walton failed to point out the reality of being a police officer.

“Policing is sometimes ugly. There are times you have to discharge your weapon. The chances of discharging a weapon—it’s a very low probability that you will, but very high impact,” he said.