The family of Patrick Lyoya continues to seek justice through a civil lawsuit against former Grand Rapids police officer Christopher Schurr, following a criminal trial that ended in a mistrial.
Christopher Schurr faced charges of second-degree murder after fatally shooting Patrick Lyoya during a traffic stop in 2022, claiming the act was in self-defense.
Meanwhile, a new legislative effort in Michigan aims to protect those who successfully claim self-defense from facing civil lawsuits in the state.
A Criminal Case Without Resolution
The trial ended with a hung jury, prompting Kent County prosecutor Chris Becker to decide against a retrial. He noted that ten jurors leaned towards acquittal while two voted for conviction, suggesting a retrial might yield the same result.
In the absence of a criminal conviction, the Lyoya family is pursuing a civil case, which operates under a lower burden of proof.
Republican lawmaker James DeSana (R-Carleton) argues that individuals, including police officers, should be shielded from civil suits if they have been cleared criminally for acts of self-defense.
“Currently, defendants must still prove in civil court that their use of force was justified, even if cleared criminally. House Bill 4404 fixes this by creating a presumption of civil immunity after a favorable criminal outcome, shifting the burden onto the plaintiffs to prove otherwise,” DeSana stated to WWMT-TV.
DeSana introduced the bill at a press conference conducted outside the courthouse at the onset of Schurr’s trial. Should the bill pass, it could eliminate the avenue for families to file civil suits when a defendant is acquitted on self-defense grounds in criminal proceedings.
Debate Over Existing Protections
Some legal professionals, including Ven Johnson, who represents the Lyoya family, argue that police officers already have significant legal protections.
“The law already protects police in such situations in both criminally and civilly. And what he’s trying to do is trying to basically equate the two,” Johnson explains. “So in other words, if there’s a guilty finding in a criminal court, apparently he’s okay if that doesn’t come into evidence in a civil case. But if the officer is either not charged or if the officer is acquitted, he wants that to be an automatic bar, to any type of a civil lawsuit and that’s contrary to the law.
“What you’re trying to do is elevate a police officer to be above the law. No one is above the line. No doctor, no lawyer, no judge, no prosecutor, no cop.”
Police officers often benefit from qualified immunity, which protects them from lawsuits unless their conduct was clearly unlawful, and sovereign immunity, which prevents lawsuits against the government without its consent.
According to The Washington Post, over 10,000 people have been fatally shot by police since 2015, with 187 such cases occurring in Michigan. Most of these incidents are dismissed under self-defense claims.
Civil rights lawyer Jon Marko notes the challenges of representing civil rights cases, stating, “I’ve been doing police brutality cases for 17 years. And they’re not easy cases. They’re extremely difficult cases, the law favors the police as is, and they take a long time and they cost a lot of money.”
Bill Faces an Uphill Battle
Despite the introduction of House Bill 4404, it has gained minimal traction, and DeSana has not provided further comments on the proposal.
The Michigan Fraternal Order of Police has not taken a stance, stating, “It would be premature to speak on HB 4404 at this time. The bill with one sponsor and no co-sponsor has yet to make our radar for requests to review it.”
Currently, the bill is still under consideration in the Judiciary Committee.
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