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The family of Patrick Lyoya is suing the city of Grand Rapids, Michigan, and the former police officer who killed Lyoya, in US District Court for excessive use of force and violating Mr Lyoya’s rights.
The family are seeking both a jury trial and punitive damages from their suit. Their attorney, Ben Crump, referred to the action as a “$100m suit.”
Lyoya was a refugee from the Democratic Republic of Congo who recieved asylum and moved to Michigan in 2014. In April, he was driving in Grand Rapids when he was pulled over by Officer Christopher Schurr of the Grand Rapids Police Department for having an improper vehicle registration.
Mr Schurr reportedly grew upset after Lyoya failed to follow his orders during the traffic stop, the two then scuffled and Lyoya seized control of Mr Schurr’s taser. The officer, who was lying on top of Lyoya, ordered Lyoya to drop the taser. He then shot him in the back of the head, killing him. The incident was captured on video, which has been released publicly.
In the aftermath of the shooting, Mr Schurr was arrested and charged with second degree murder. He is currently out of jail on bond while awaiting his criminal trial. Mr Schurr has argued that the shooting was justified by his right to defend himself and followed department policies.
Now, he and the city of Grand Rapids may be facing a civil trial as well. The suit filed on Wednesday accuses Mr Schurr of using “inappropriate, excessive, and inexcusable use of force” in shooting Lyoya.
“Under federal law, you have to give someone a warning, if feasible, if possible — which clearly it was possible here — before you shoot them dead,” Lyoya family attorney Van Johnson said in a statement reported by WOOD-TV. “In this case, not only is our client on the ground, he’s not pointing the Taser at Schurr when Schurr blows his head off.”
The suit also aims to hold the city accountable, alleging that it both failed to properly train its officers and failed to hold them accountable for allegations of misconduct.
The Grand Rapids Police Department has a deeply troubled recently history, having been the subject two discrimination charges following an investigation by Michigan Department of Civil Rights. The lawsuit notes that in 79 separate excessive force complaints filed by citizens against department officers, only two officers were disciplined for their conduct.
“Tragically and predictably, City’s unconstitutional policies, procedures, protocols, and customs, are moving the force behind the constitutional violations complained of here and Patrick’s death,” the lawsuit reads.
The case has been assigned to Judge Paul Maloney, US District Court Western District judge in nearby Kalamazoo. Peter Lyoya, Lyoya’s father, said at a press conference in Detroit on Wednesday that he hopes the lawsuit will help stop similar shootings in the future.
“Every time when I sleep during the night, I will dream how my son was shot in the back of the head and I will see my son,” Peter Lyoya said through a translator. “That bitterness is still in me.”
