James Williams Canton Police Shooting, City Proposes $3.5 Million Settlement With Family

The City of Canton, Ohio has proposed a $3.5 million settlement to end the federal civil-rights lawsuit over the death of James Williams, a 46-year-old man shot by Canton police officer Robert Huber through a backyard fence just after midnight on New Year’s Day 2022. Local reports say the deal needs approval from the Stark County Probate Court before it is final.

This is not a class action. There is no claim form, no settlement website and no deadline for the public. Only Williams’ wife, Marquetta Williams, and his children, who are the beneficiaries under Ohio’s wrongful-death statute, can receive money.

Settlement at a Glance

Detail	What the record shows
Proposed total	$3,500,000
Reported to the family	About $1.96 million, per court records cited by the Canton Repository
Reported shares	$396,709 to Marquetta Williams; $390,000 to each of the couple’s four daughters
Attorneys’ fees and expenses	The remainder, roughly $1.54 million (Fox 8 reported about $1.5 million to attorneys)
Person killed	James Williams, 46
Date of shooting	January 1, 2022, shortly after midnight
Officer	Robert Huber, Canton Police Department
Plaintiff	Marquetta Williams, individually and as administrator of the estate, with the couple’s children
Defendants left in the case	City of Canton and Officer Huber
Federal case	Williams v. City of Canton, et al., No. 5:23-cv-00655 (N.D. Ohio), Judge Benita Y. Pearson
Appeal	No. 25-3304, U.S. Court of Appeals for the Sixth Circuit, decided March 6, 2026
Plaintiffs’ trial counsel	DiCello Levitt (Bobby DiCello and Ken Abbarno)
Case type	Individual civil-rights and wrongful-death lawsuit
Public claim form or deadline	None
Status	Proposed. Probate court approval was still pending in the reports reviewed.

Accuracy note: News outlets differ slightly on how the money is split between the family and the lawyers, and the total was reported from filings in Stark County Probate Court. Treat the allocation as proposed until the court enters its approval order. This page will be updated when that happens.

What Happened to James Williams?

Shortly after midnight on January 1, 2022, Williams was on the enclosed back porch of his home on 10th Street SW in Canton, firing a rifle into the air. Firing a gun within city limits is a misdemeanor under Canton Ordinance 549.03, a point the Sixth Circuit stressed in its opinion.

Officer Robert Huber, on patrol nearby, heard the gunfire and drove to the house. According to the Sixth Circuit’s published opinion, Huber saw Williams holding a rifle and waited briefly for backup. When Williams went back to the porch and fired again, Huber moved toward the six-foot wooden privacy fence and fired eight shots through it without giving a warning. Six struck Williams. Body-camera footage shows Huber announcing “police” and ordering Williams to get down only after he had already fired. Williams was taken to a hospital and died.

The court counted about 39 rounds fired by Williams over roughly eight and a half seconds before Huber shot. That context matters, but it did not settle the legal question, which was never whether Williams was firing a gun. It was whether Huber reasonably believed Williams posed an immediate deadly threat to him or others when he fired through a fence he could not see through.

What Did the Officer Say?

Huber has maintained that he believed Williams was turning the rifle toward him and that he feared for his safety. The family disputes that. Their lawyers argued that the evidence, including video, supports a jury finding that Williams kept shooting upward and never aimed at the officer. Huber also gave no warning and had no 911 call or report of violence pointing him to anyone in danger.

Was Officer Huber Criminally Charged?

No. The Ohio Bureau of Criminal Investigation looked into the shooting and gave its findings to Stark County Prosecutor Kyle Stone’s office. A grand jury heard a range of possible felony and misdemeanor charges and chose not to indict Huber in September 2022. The decision set off protests in Canton. According to the Repository, Huber remains with the department as a patrolman.

A grand jury’s decision not to indict does not decide a civil case. Civil liability is judged under a lower burden of proof and different legal tests, which is why the family could still sue.

The Lawsuit Against Canton and Officer Huber

A first suit filed in 2022 was dismissed because Marquetta Williams did not have a lawyer. The current case was filed in federal court in Cleveland-area Northern District of Ohio in March 2023 by DiCello Levitt on behalf of Marquetta Williams, the estate and the couple’s children. The complaint alleged:

1. Excessive force by Huber in violation of the Fourth Amendment, brought under 42 U.S.C. § 1983.
2. Municipal liability against the City of Canton, claiming the city failed to properly train officers and tolerated an unwritten “shoot first” practice.
3. Ohio wrongful-death and related state-law claims.

The suit also named police supervisors, including then-Chief Jack Angelo and current Chief John Gabbard. Those individual supervisors were later dismissed, leaving the city and Huber as the remaining defendants. The family sought at least $1 million in compensatory and punitive damages. The city and Huber denied wrongdoing.

Key Court Rulings Before the Settlement

District Court: The Case Goes to a Jury (2025)

Judge Benita Y. Pearson refused to throw out the claims on summary judgment. As reported by the Repository, she wrote that a jury should decide whether Huber was wrong to shoot through the fence. The court also found enough evidence on the city’s training and policies around celebratory gunfire for the municipal claims to continue. Those rulings are dated March 29 and March 30, 2025 in the court record. A denial of summary judgment is not a finding of liability. It means a jury must resolve factual disputes.

Sixth Circuit: Qualified Immunity Denied (March 6, 2026)

Huber appealed the denial of qualified immunity. A three-judge panel (Judges Readler, Murphy and Bloomekatz, with Judge Murphy writing) affirmed in a published opinion, Williams v. City of Canton, No. 25-3304.

The panel’s central points, in plain terms:

• Taking the facts in the light most favorable to the family, a reasonable jury could find Huber violated the Fourth Amendment.
• Huber could not rely at this stage on his own account that he acted in self-defense; he must make that argument to the jury.
• The court weighed the threat Williams posed to others against the fact that the city treats celebratory gunfire as a misdemeanor.
• Officers in Huber’s position would have recognized, under existing law, that they should not use deadly force against a reckless but non-threatening person. The family did not need a prior case with identical facts.

This was not a final verdict. The panel only held that Huber was not entitled to immunity before trial. Even so, losing that appeal removed a major defense and put the city and officer on the path to a jury. The settlement was reported to the court in a docket entry on September 18, 2026.

Who Gets the Money, and How Much?

Under the proposal reported in October 2026:

Recipient	Reported amount
Marquetta Williams (widow)	$396,709
Each of four daughters	$390,000 (total $1,560,000)
Total to family	About $1.96 million
Attorneys’ fees and litigation expenses	Remainder of the $3.5 million

Fox 8 reported that, if approved, about $1.5 million would go to the lawyers and the rest to the family. The Repository put the family’s share at $1.96 million. The figures are close, and the difference likely reflects how case expenses are counted. The probate court’s order will control.

Why Does a Federal Case Need Probate Court Approval?

Even though the lawsuit was filed in federal court, Ohio law governs who may recover for a wrongful death and how a settlement is divided.

• R.C. 2125.02 lets the personal representative of the estate bring a wrongful-death action for the benefit of the surviving spouse, children, parents and other next of kin. It also covers settlement of those claims with court consent.
• R.C. 2125.03 governs distribution. The probate court that appointed the representative can divide proceeds among beneficiaries based on the loss each suffered.
• Minors’ interests: Where children receive money, Ohio courts closely review the allocation, and funds for minors are often protected through court-supervised arrangements.

Marquetta Williams’ lawyer said at the time that the judge would decide how the money is allocated, if the settlement is approved, and that the family had no reason yet to expect a problem.

Can the Public Claim Part of This Settlement?

No. You cannot file a claim because you live in Canton, were stopped by Canton police, or had a different incident with an officer. A claim like that depends on its own facts and strict deadlines.

Be cautious if a website, text or phone call offers to “register you” for this settlement or asks for a fee or personal information. No public claims program exists.

The Law Behind the Case

1. The Fourth Amendment and 42 U.S.C. § 1983

Section 1983 allows a person to sue state or local officials who violate federal constitutional rights while acting under government authority. A police shooting is a “seizure” under the Fourth Amendment, so deadly force must be objectively reasonable.

• Graham v. Connor, 490 U.S. 386 (1989): courts judge reasonableness from the viewpoint of a reasonable officer on the scene, weighing the seriousness of the suspected crime, whether the person poses an immediate threat, and whether the person is resisting or fleeing.
• Tennessee v. Garner, 471 U.S. 1 (1985): deadly force is generally permitted only when an officer has probable cause to believe the person poses a threat of serious physical harm.

2. Qualified Immunity

Qualified immunity shields officials from money damages unless they violated a clearly established constitutional right (Harlow v. Fitzgerald, 457 U.S. 800 (1982); Pearson v. Callahan, 555 U.S. 223 (2009)). Courts do not require a case with identical facts, only that the law gave fair warning. At summary judgment, an officer’s account is not accepted over contrary evidence a jury could believe. Interlocutory appeals like Huber’s are allowed on pure questions of law.

3. Municipal Liability: Monell and City of Canton v. Harris

A city is not liable just because it employs an officer who broke the law. Under Monell v. Department of Social Services, 436 U.S. 658 (1978), the plaintiff must show that an official policy, an established custom, or a decision by a policymaker caused the violation. In City of Canton v. Harris, 489 U.S. 378 (1989), the Supreme Court held that a failure to train can support liability only where it amounts to deliberate indifference to the rights of the people officers deal with. (That case involved Canton, Ohio, which is a coincidence worth noting for readers searching the name.)

4. Damages Available Under Federal Law

Compensatory damages can be recovered from the city and the officer. Punitive damages can be sought against an individual officer but not against a municipality (Smith v. Wade, 461 U.S. 30 (1983); City of Newport v. Fact Concerts, 453 U.S. 247 (1981)). A prevailing civil-rights plaintiff may also recover reasonable attorney’s fees from the defendant under 42 U.S.C. § 1988, which is one reason defendants weigh trial risk heavily when they negotiate.

5. Ohio Wrongful-Death Law

Chapter 2125 of the Ohio Revised Code sets out who may sue, who benefits and what damages are recoverable, including loss of support, services, society, and mental anguish for beneficiaries. The two-year filing period in R.C. 2125.02(D) generally governs wrongful-death claims, and § 1983 claims in Ohio borrow Ohio’s two-year personal-injury limitations period.

6. Ohio Political-Subdivision Immunity

Ohio’s Political Subdivision Tort Liability Act, R.C. Chapter 2744, gives cities and their employees broad immunity from many state-law claims, with exceptions such as willful, wanton or reckless conduct. It does not bar § 1983 claims, which are federal. Huber’s appeal also raised statutory-immunity issues.

Is the Settlement Taxable?

Generally, damages received on account of personal physical injury or physical sickness, including wrongful death, are excluded from federal gross income under Internal Revenue Code § 104(a)(2). Punitive damages are treated differently, and special rules can apply to certain wrongful-death awards. Whether a particular beneficiary owes any tax depends on how the final agreement characterizes the payment. Families should get advice from a qualified tax professional before relying on any assumption.

Does a Settlement Mean the City Admitted Fault?

Not automatically. Government settlements almost always say they are not an admission of liability. Cities often settle to avoid the cost and uncertainty of trial. The Sixth Circuit’s opinion shows why Canton faced real jury risk, but the signed agreement controls what, if anything, is admitted.

What Happens Next?

1. Probate court review. The Stark County Probate Court considers the application, the amounts and the split among beneficiaries.
2. Final documents. The parties sign final settlement papers and releases.
3. Funding and payment. If approved, funds are paid according to the court’s order.
4. Dismissal. The parties file papers closing the federal case.

As of October 22, 2026, no final approval order or payment had been reported. Do not describe the family as having been paid until that happens.

Why This Case Matters Beyond Canton

The case shows how civil-rights law works in practice. Officers are not automatically protected because the person they shot was breaking the law. Courts ask whether the person posed an immediate deadly threat at the moment force was used and whether the officer gave a warning when it was feasible. It also shows the difference between criminal and civil accountability: a grand jury declined to charge Huber, yet a federal court sent the civil case toward a jury and a city moved to pay millions.

Attorney Bobby DiCello said after the settlement that the loss was not made up for by money, and that he hopes the case helps change police practices that lead to deaths and lawsuits.

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Each of these involves different facts, defendants and court records.

Key Dates

Date	Event
Jan. 1, 2022	Huber shoots James Williams through a fence in Canton
Sept. 2022	Stark County grand jury declines to indict Huber
March 2023	Current federal lawsuit filed in the Northern District of Ohio
March 29-30, 2025	District court denies summary judgment to the city and to Huber
March 6, 2026	Sixth Circuit affirms denial of qualified immunity (No. 25-3304)
Sept. 18, 2026	Parties tell the court a settlement has been reached
Oct. 19-21, 2026	$3.5 million proposal reported from probate filings

Sources

1. U.S. Court of Appeals for the Sixth Circuit, Williams v. City of Canton, No. 25-3304 (Mar. 6, 2026): https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0071p-06.pdf
2. Sixth Circuit docket, No. 25-3304: https://dockets.justia.com/docket/circuit-courts/ca6/25-3304
3. Canton Repository, “Canton proposes $3.5 million settlement in fatal police shooting case” (Oct. 19, 2026): https://www.yahoo.com/news/us/articles/canton-proposes-3-5-million-204453933.html
4. Canton Repository, “Canton, James Williams’ family reach tentative settlement” (Sept. 2026): https://www.yahoo.com/news/us/articles/canton-james-williams-family-reach-162715841.html
5. WKYC 3News, “Family of man fatally shot by Canton police officer in 2022 reaches proposed $3.5M settlement” (Oct. 20, 2026): https://www.wkyc.com/article/news/local/canton/canton-police-james-williams-fatal-shooting-settlement-city-officer-robert-huber-fence-new-years-day/95-bd09e6f0-5c64-4bca-bfd3-864df2010462
6. FOX 8 (WJW), “$3.5M settlement reached in deadly Canton police-involved shooting” (Oct. 21, 2026): https://fox8.com/news/canton-agrees-to-3-5m-settlement-in-deadly-police-involved-shooting/
7. News 5 Cleveland (WEWS), “City of Canton reaches proposed settlement with family of James Williams”: https://www.news5cleveland.com/news/local-news/city-of-canton-reaches-proposed-settlement-with-family-of-james-williams-in-fatal-police-shooting
8. DiCello Levitt, press release on the Sixth Circuit decision: https://dicellolevitt.com/sixth-circuit-denies-qualified-immunity-for-northeast-ohio-police-officer-in-sniper-style-shooting-of-james-williams-father-of-three/
9. DiCello Levitt, press release on the March 2023 complaint: https://dicellolevitt.com/canton-police-officer-used-excessive-force-in-new-years-sniper-style-shooting-death-of-citizen-in-his-own-home-according-to-new-lawsuit/
10. 42 U.S.C. § 1983: https://www.law.cornell.edu/uscode/text/42/1983
11. 42 U.S.C. § 1988: https://www.law.cornell.edu/uscode/text/42/1988
12. Ohio Rev. Code § 2125.02: https://codes.ohio.gov/ohio-revised-code/section-2125.02
13. Ohio Rev. Code § 2125.03: https://codes.ohio.gov/ohio-revised-code/section-2125.03
14. 26 U.S.C. § 104(a)(2): https://www.law.cornell.edu/uscode/text/26/104

Disclaimer: This article offers general legal information about a matter of public record. It is not legal advice and does not create an attorney-client relationship. The defendants denied liability, and the court rulings described are procedural decisions, not final verdicts. If you believe your own rights were violated, speak with a licensed attorney promptly because filing deadlines are short.

By Israr Ahmad, Legal Content Researcher, AllAboutLawyer.com. Last updated October 22, 2026. This is legal information, not legal advice. The author is not an attorney.