Updated as of 1/25/2025 at 1:00 p.m. ET
Former Grand Rapids officer Christopher Schurr, a cop accused of fatally shooting motorist Patrick Lyoya, just received another blow of bad news in the lawsuit against him: The appeals court ruled he should stand trial for his murder charge.
Schurr was slammed with a lawsuit after Lyoya was shot execution-style in the back of the head, on the ground after a physical struggle with Schurr during a traffic stop in April 2022, per previous reports. After a circuit court denied dropping the ex-cop’s second-degree murder charge, he filed an appeal asking for the suit to be dropped altogether based on qualified immunity.
However, the appeals court ruled in a 2-1 opinion that there’s “sufficient evidence presented to establish probable cause” for him to stand trial for the murder count.
Read more from The AP:
“The video evidence showed Lyoya physically resisting defendant’s efforts to subdue him, but the video did not depict Lyoya physically attacking defendant — such as by punching him or striking him with his knee,” the appeals court said in its ruling.
“The video evidence permitted an inference that Lyoya had also gotten fatigued and was less able to resist. The evidence further showed that defendant had called for assistance from other officers and that those officers were on their way, though it is not clear that defendant (knew) how long before the officers would arrive.”
Schurr’s attorneys previously argued that the law allows for officers to use deadly force to stop a felon from fleeing when there’s reason to believe a felony occurred. However, civil rights attorney Ben Crump argued that Schurr unnecessarily shot Lyoya execution style in the back of the head after he’d already been subdued on the ground.
It seems the court supported this argument, saying Schurr’s use of deadly force did not satisfy the standards of self-defense.
Ex-Cop Pulls ‘Qualified Immunity’ Card
Schurr is asking the court to toss the wrongful death lawsuit filed against him by civil rCrump 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 because 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.
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.
Crump’s Scathing 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.