GRAND RAPIDS, Mich. The City of Grand Rapids is dismissed, says U.S. District Judge, Paul Maloney, however, Christopher Schurr will still face allegations in a lawsuit filed against both parties relating to the death of Patrick Lyoya. <\/p>\n
The lawsuit, filed by attorneys for Peter Lyoya who acts as Personal Representative for the Estate of Patrick Lyoya in December of 2022, raised a Monell municipal liability claim, which alleges a municipality is liable for an official's actions if those actions violated a constitutional right and stem from an illegal policy, practice, or the municipality's deliberate indifference to a failure to train or supervise the officer. <\/p>\n
Attorneys originally claimed they had \"overwhelming evidence\" of racial profiling and unnecessary force against Patrick Lyoya on the day he died, and could show the City of Grand Rapids (the City) should be liable. <\/p>\n
Judge Maloney disagreed in part. <\/p>\n
According to the lawsuit, the City received 79 citizen complaints of excessive use of force against the Grand Rapids Police Department between June 1, 2015 and May 21, 2020. <\/p>\n
Court documents say that while these complaints are a matter of record, their existence does not show possible liability on the part of the City in this case as the plaintiff was not able to provide specific evidence demonstrating Lyoya's death was directly caused by a municipal custom or policy. <\/p>\n
\"The complaint instead focuses on the Citys treatment of Schurr after he allegedly used excessive force, not before,\" writes Maloney. \"Indeed, the complaint fails to identify any connection between the lack of training and Schurrs specific use of force on Patrick.\" <\/p>\n
READ MORE: FOX 17's coverage of the shooting death of Patrick Lyoya <\/p>\n
As for not dismissing the suit against Christopher Schurr, Maloney writes the former officer may not be protected by qualified immunity in this case, and the courts must make that determination first. <\/p>\n
The opinion and order regarding the motions to dismiss says the Plaintiff was able to provide a plausible argument showing Lyoya's Fourth Amendment Rights may have been violated at the time of his death. <\/p>\n
You can read that full opinion here: <\/p>\n
Christopher Schurr will face the Court of Appeals regarding the criminal charges relating to Patrick Lyoya's death on September 6. There is no date published for when this lawsuit will continue arguments. <\/p>\n
Should the appellate court deny Schurr's appeal, the criminal trial is set to begin on October 24. <\/p>\n
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Read more from the original source: GRAND RAPIDS, Mich. Continue reading
\nCity of Grand Rapids dismissed, lawsuit against Christopher Schurr ... - FOX 17 West Michigan News<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"