Federal judge dismisses Grand Rapids from Patrick Lyoya excessive force lawsuit

A federal judge has dismissed the city of Grand Rapids from a lawsuit filed by the family of Patrick Lyoya after determining the family didn't properly link the city's alleged inadequate training and history of racial discrimination to former officer Christopher Schurr's actions the day he allegedly killed Lyoya.

Schurr, a former Grand Rapids police officer, is accused of fatally shooting Lyoya in the back of the head April 4, 2022, after pulling the 26-year-old over for allegedly having a license plate that did not match his vehicle. Lyoya ran from Schurr and Schurr allegedly tackled him and shot him.

U.S. District Court for the Western District of Michigan Judge Paul Maloney ruled Monday that Lyoya's family had a good enough argument against Schurr that Maloney could not allow Schurr to be protected under qualified immunity. A plaintiff has to show a constitutional violation occurred for a judge to find a government official is not protected by qualified immunity.

In the same ruling, however, Maloney dismissed the city of Grand Rapids from the lawsuit, saying Lyoya's family did not explain well enough how the city's alleged inadequate training of officers and history of racial discrimination contributed to Schurr using alleged excessive force on Lyoya, or how the city could have reasonable forseen Schurr using excessive force due to that lack of training.

"The complaint fails to identify any connection between the lack of training and Schurr’s specific use of force on Patrick," Maloney wrote. "...The complaint fails to plead any link between this alleged custom of racial discrimination and Schurr’s allegedly discriminatory actions toward Patrick."

More:Experts: Officer who killed Patrick Lyoya did not follow training, police standards

The lawsuit will continue with Schurr as the only defendant.

Maloney said the Lyoya family's complaint and video footage "plausibly pleads a constitutional violation."

He said it was not reasonable for Schurr to believe Lyoya was an immediate threat to his safety, as he was running away from Schurr before Lyoya was shot. The issue comes from the Taser, which Schurr says Lyoya grabbed. Maloney said, however, there is not clear evidence to show Lyoya "armed himself" with the Taser nor if he even temporarily had possession of it.

"In sum, at this stage in the case, the Court cannot find that Schurr is protected by qualified immunity," Maloney wrote.

Schurr's criminal case remains pending. He has appealed a district court decision ordering him to stand trial on a second-degree murder charge. The Court of Appeals will hear oral arguments on the appeal this week.

Lyoya's death captured national attention, highlighting a history of tense relations between the city of Grand Rapids, its police department and the city’s Black residents.

kberg@detroitnews.com