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$50M wrongful death lawsuit filed in case of mentally ill man shot by Detroit police

George Hunter
The Detroit News

Southfield — Attorney Geoffrey Fieger filed a $50 million wrongful death lawsuit Tuesday against the city of Detroit and five unnamed Detroit Police officers in connection with the Oct. 2 fatal shooting of 20-year-old Porter Burks, whose mental illness "often caused psychosis," the suit said.

The lawsuit, filed in Wayne County circuit court, claims gross negligence, assault and battery, "wanton & willful misconduct," and a violation of the Americans with Disabilities Act because of Burks' mental illness, which was so severe he often hallucinated, and, during one episode, "thought there was a squirrel living inside him," according to the 18-page filing.

Attorney Geoffrey Fieger, flanked by family members of Porter Burks, announces a $50 million lawsuit against the Detroit Police Dept. in his shooting death by Detroit Police officers during a press conference at Fieger's law offices on Nov. 1, 2022.

During a press conference in his Southfield office, Fieger, flanked by Burks' relatives, labeled the death "the execution-style killing of Porter Burks," adding: "It's nonsense that something like this could occur in a civilized society."

Burks, who reportedly suffered from schizophrenia, was killed after a videotaped confrontation with police officers, who repeatedly implored him to drop the knife he was wielding. When Burks lunged toward the officers, five of them opened fire, discharging 38 bullets, 19 of which struck Burks, according to an autopsy report from the Wayne County Medical Examiner's Office that was distributed at Fieger's press briefing.

The autopsy report included a toxicology screen, although the document indicated "part or all of the testing was unable to be performed ... test was canceled due to (quantity not sufficient)."

Fieger said that was "inexplicable," and said he'd never seen that notation on a toxicology report during his career as an attorney. An email to the Wayne County Medical Examiner's Office Tuesday was not immediately returned.

Porter Burks' mother Quieauna Wilson (left) and brother were emotional listening to the details of Burks' shooting death.

Police Chief James White released a statement Tuesday describing the Burks shooting as "truly a tragic event."

"The Department will continue to advocate for greater resources for the mental health community and will take every opportunity to improve its response to people suffering from mental illness," White said. "We firmly believe that if appropriate mental health facilities and treatment plans had been available, this situation may have been avoided. Regrettably, the DPD remains the primary emergency response service for individuals suffering from mental health emergencies."

White added that, since the case is now in litigation, he wouldn't be commenting on the "still-pending investigation."

In previous statements, White has said publicly that the officers involved in the Burks situation appeared to have followed their training, although he stressed letting the investigation, which is being conducted by Detroit Police and Michigan State Police, run its course.

During the probe, the five officers who pulled their triggers have been placed on administrative leave, per department policy.

"This is a very complex investigation," White told the Detroit Board of Police Commissioners on Oct. 6, four days after the shooting. "There's a lot of video … interviews to be done; residents and measurements to be done."

Fieger insisted Tuesday there were several other, less-deadly, options officers could have chosen when they encountered Burks in the street carrying the knife in his right hand.

"You could've shot him with a tranquilizer like they'd have done with a wild animal," Fieger said. The attorney said White's claim that the officers followed their training wasn't true, adding: "All I saw on that video was an officer reaching out his hand ... and then they shot (Burks)."

White said during his presentation to the board that the officers appeared to have followed their training, including the 40-hour CIT (Critical Incident Training) course that at least one of the officers at the scene had undergone.

"If we could reverse time and knew what the outcome was going to be, and that this young man who was struggling was going to charge at the officers, then some of the tactics and techniques, such as body armor (and) vehicles reinforced with perhaps been in play," the chief told the board.

"But with the timelines we have looked at thus far, and what the officers were dealing with, the CIT, which we use to great success, was in play," White said. "The de-escalation that the officers were trained to do was in play. Things were going according to that strategy when this young man who was obviously struggling with mental illness made the decision to charge the officers, and that plan changed."

According to the lawsuit, "Mr. Burks' mental illness often caused psychosis. He saw hallucinations and heard voices that were not there. During one of his hospitalizations, Mr. Burks thought there was a squirrel living inside of him. His efforts to extricate the squirrel were to no avail.

"When Mr. Burks was getting regular, effective treatment, he could respond normally," the suit said. "He enjoyed dancing and listening to music like most 20-year-olds.

"When his illness manifested, Mr. Burks became paranoid and many times felt threatened if seeing or hearing things that were not there," the lawsuit said. "When these flare ups of his disease occurred, Mr. Brooks was taken to the hospital by either family or the police. His medications were often adjusted and re-administered."

The day before his death, "Mr. Burks arrived at the family residence agitated and with a pocketknife in his possession," the lawsuit said. "Mr. Burks' mother told him he could not come into the home with a pocketknife. She called police to request that they help get her son safely to the hospital for treatment. This request was not unusual because the DPD were very familiar with Mr. Burks and have assisted with taking Mr. Burks to the hospital on several prior occasions."

Burks left the home before officers arrived, the suit said. Then, at 4 a.m. on Oct. 2, "Mr. Burks returned to the residence," according to the lawsuit. "He was told he could not return with the pocketknife. Worried about his mental health, Mr. Burks' brother dialed 911."

Four days after the incident, Fieger announced plans to file a lawsuit, but he had to wait until a Wayne County Probate Court judge appointed Burks' mother, Quieauna Wilson, as the estate's representative. Fieger said Tuesday that process had been completed, and added he's considering also filing a federal civil rights lawsuit.

A judge has yet to be assigned to the Wayne County lawsuit, Fieger said Tuesday.

ghunter@detroitnews.com

(313) 222-2134

Twitter: @GeorgeHunter_DN