Man shot by Brown Deer police in March files lawsuit against village

BROWN DEER -- An officer-involved shooting in Brown Deer could lead to a lawsuit. The shooting took place back in March, and the man survived -- but he says it left his life in tatters.

March 16th, Brown Deer police shot 26-year-old Manuel Burnley. Through Lawyer Jonathon Safran, he's not started the process for a possible lawsuit.

What led up to that shooting depends on who you ask.

"I've seen the video," said Safran.

It started on a Milwaukee County bus equipped with a surveillance camera. The bus driver said Burnley became "disruptive" but was not physically fighting anyone.

"There had been some verbal back and forth,"said Safran.

The bus driver asked Brown Deer police to intervene. Two officers responded, trying to get Burnley off the bus.

"He was like, I'm not getting off the bus," said Derrick Macklin.

FOX6 News spoke with a man who saw it happen. He says the officers then grabbed Burnley and threw him to the ground.

"They were wrestling with him, both of them at the same time. With his other arm he's waving like this, 'why ya'll messing with me?'" said Macklin.

Derrick Macklin

Seconds later, an officer shot Burnley in the back.

"My client asked what had happened because he didn't understand," Safran said.

Burnley claims one officer answered, "we just shot you," and then used a racial slur.

Police say Burnley was fighting with the officers.

Safran says Burnley will not face charges for the incident.

Wednesday, July 6th Safran filed a "notice of injury" with the Village of Brown Deer. It opens the door but doesn't guarantee a lawsuit.

"The first thing he wants is the justice and accountability," said Safran.

Brown Deer police released a statement in response, saying the Village Board will handle the lawsuit, if one is filed.

The officer that shot Burnley remains on administrative duty, while her partner has returned to regular duty.

Milwaukee police are investigating the officer's actions.