DETROIT — The family of a Black immigrant who was fatally shot in April has filed a federal lawsuit seeking $100 million against the city of Grand Rapids and former Grand Rapids police Officer Christopher Schurr.
The lawsuit, which was filed in the U.S. District Court in Western Michigan on Wednesday, accuses the city and Schurr of multiple civil rights violations, as well as gross negligence and willful misconduct. Cellphone video from the incident shows Schurr, 31, shooting Patrick Lyoya, 26, in the back of the head.
Attorney Ben Crump said at a Wednesday news conference the family is seeking $100 million in the lawsuit.
Schurr's shooting of Lyoya in the back of the head was "objectively unreasonable," according to the lawsuit, which says Lyoya's death was caused by "illegal and unconstitutional contact." The suit claims that "no reasonable officer" would have resorted to deadly force in response to Lyoya's attempt to flee a traffic stop.
"Patrick was not armed and posed no threat to Schurr or any other person's safety," according to the lawsuit.
"When he shot Patrick in the back of the head, Schurr had no information to support a reasonable suspicion that Patrick was dangerous."
The lawsuit was filed ahead of the Wednesday news conference in Detroit. Ven Johnson is the Detroit-based lawyer for the family.
After Kent County Prosecutor Christopher Becker charged Schurr with second-degree murder in June, Grand Rapids police Chief Eric Winstrom recommending the same day that Schurr be suspended and fired. Schurr waived his right to a hearing, and Grand Rapids City Manager Mark Washington fired him effective June 10.
"We have not yet received the lawsuit and are unable to address the specifics," city of Grand Rapids spokesman David Green said Wednesday. "Upon receipt, we will review the lawsuit and respond appropriately in court."
In the criminal case against Schurr, his legal team argued that the former officer had acted in accordance with Grand Rapids Police Department protocols and followed the department's use of force guidelines.
The legal team has argued Lyoya had his hand on the Taser at one point during the encounter, which could have posed a danger to the officer. In October, Defense attorney Matt Borgula said "the officer acted reasonably under the totality of the circumstances."
The lawsuit, which was filed on behalf of his father Peter Lyoya as the representative of Lyoya's estate, also focuses on the nature of the traffic stop, which saw Schurr initially drive past Lyoya going the opposite direction before turning around to pull him over.
"Just as their cars passed each other, Schurr instantly turned around to follow behind Patrick's car," the suit states.
"Seconds later without any discernable ground for reasonable suspicion ... Schurr activated his emergency lights to pull Patrick over."
During the traffic stop, Schurr said he had pulled Lyoya over because the vehicle's registration did not match the license plate on the car. Lyoya's legal team has previously questioned how Schurr could have known the license plate did not match the registration before he turned around to follow Lyoya's car.
Lyoya fled after being asked for his driver's license, and a brief chase ensued, the video from the Grand Rapids Police Department showed.
The two then wrestled in a nearby lawn with Schurr struggling to bring the man under control. In a separate cellphone video, Lyoya can be seen reaching for the officer's Taser shortly before Schurr shot him in the back of the head while he was face down on the ground.
The lawsuit, which was filed Wednesday by attorneys Ayanna Hatchett and Johnson of Ven Johnson Law in Detroit on behalf of Lyoya's estate, with his father Peter Lyoya named as the representative.
Schurr will stand trial for second-degree murder in the slaying of Lyoya. Judge Nicholas Ayoub in Kent County's 61st District Court issued the ruling in October, ordering the charges against Schurr to be bound over to trial.
