Updated as of 2/9/2023 at 9:30 a.m. ET
Former Grand Rapids officer Christopher Schurr, a cop accused of fatally shooting Patrick Lyoya, is asking the court to toss the wrongful death lawsuit filed against him by civil rights attorneys Benjamin Crump and Ven Johnson, per WOOD 8 TV. Schurr’s attorneys argue he’s protected from being sued under qualified immunity.
In the motion filed, his attorneys argue Schurr did not violate Lyoya’s Fourth Amendment rights as the suit alleges. It also asks that the suit be tossed because Schurr’s actions were reasonable.
“Schurr is entitled to qualified immunity because the videos demonstrate that Plaintiff cannot plead a constitutional violation nor a violation of clearly established law,” read the motion. Per WOOD8, the motions references the multiple videos showing the incident.
It was only a matter of time until the qualified immunity card was pulled, especially when Schurr must stand trial for second-degree murder next month. In Michigan, qualified immunity exempts law enforcement from civil liability for actions they took in good faith while in the line of duty.
Lyoya was shot execution-style in the back of the head, on the ground after a physical struggle with Schurr during the traffic stop in April 2022, per previous reports.
The public and Lyoya’s family find it hard to believe Schurr’s actions were in “good faith.” Given the Kent county judge refused to dismiss the former cop’s criminal charge, it’s unclear (and unhopeful) the civil charge will be dismissed in federal court.
Read More About Crump’s Lawsuit:
The attorneys claim Schurr violated federal law by his use of excessive force as well as state law for gross negligence. For creating an environment where such conduct is tolerated, the suit holds the Grand Rapids Police Department as liable along with the city.
To add weight to the claims, the attorneys’ announcement included complaints from city residents against law enforcement which came to light following Lyoya’s killing as more people spoke up about their mistreatment.
More on the suit from Crump’s office:
Over five years, Grand Rapids received nearly 90 citizen complaints of excessive force by GRPD officers, yet the department cleared every officer of any wrongdoing in each complaint. Schurr, who had been with the GRPD since 2015, was placed on paid administrative leave following the shooting before being fired.
“Law enforcement officers in this country cannot continue to be absolved of accountability for shooting first and asking questions later,” said Ben Crump, founder of Ben Crump Law, PLLC. “The minor punishments officers often receive do not send a message that will deter other officers from repeating this deadly cycle. This pattern needs to end here with justice for Patrick Lyoya.”
Schurr’s attorneys argued in pre-trial hearings that the ex-cop had reason to believe he feared for his life because Lyoya allegedly grabbed his Taser. However, the way in which Lyoya was ultimately killed left is family and the public believing Lyoya didn’t pose a threat at the time of his death.
“What was so amazing to me, is that after Patrick was shot, I thought that his officer, Schurr, the criminal, would be arrested. Amazingly, the man is still free, is at home with his wife and his children and my son is buried and Patrick is dead,” said Lyoya’s father, Peter, via Wood TV.
No specified amount for punitive damages has been announced. Though, Crump called it a $100 million suit.