Man shot by Brown Deer Police files notice of injury with village

Man was involved in altercation on county bus
Posted at 6:55 PM, Jul 07, 2016
and last updated 2016-07-08 12:53:54-04
BROWN DEER -- The unarmed black man shot by Brown Deer Police in March has filed a notice of wrongful injury against the Village.  26-year-old Manuel Burnley Jr. filed the claim because he believes police treated him unfairly.

"He wants justice and accountability," said Jon Safran, Civil Rights and Personal Injury Attorney.

Burnley's lawyer says his client remembers police escorting him off a bus following a verbal altercation.  Seconds later he was on the ground, in the process of being handcuffed, when he was shot.

"I cannot understand for the life of me why this officer would choose to shoot him in the back literally when he's on the ground face down," explained Safran. 

According to the notice of injury, Burnley asked the officers what had happened after he was shot.  One responded with a racial slur.

"It's outrageous, it's disgusting.  I think it's important that people see what he believes was said."

Attorney Jon Safran didn't say this was race related, but said one has to wonder.

"Mr. Burnley is an African American male. The two officers were white.  I can understand how people of color, especially men and black men, can believe that just by the basis of their race that they are feared and believed to be a threat," said Safran.  

Burnley has permanent injuries.

"He still has a bullet inside of him.  He still has fragments of the rib that was fractured.  He was hospitalized for 12 days.  He's lucky to not have been paralyzed or to be killed."

The District Attorney is reviewing the case to determine if the officers will face criminal charges. 

Brown Deer Police say the claim has been turned over to their lawyer.  One of the officers is back to work and the other is on administrative duty.