GRAND RAPIDS, Mich. (Michigan News Source) – A federal appeals court dismissed a former Grand Rapids police officer’s appeal in the civil case filed by the family of a man he shot and killed in April 2022.
The 6th Circuit Court of Appeals in Cincinnati dismissed Christopher Schurr’s appeal which means the lawsuit will move forward. Schurr is facing second degree murder charges in the death of 26-year-old Patrick Lyoya.
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The lawsuit brought by Lyoya’s family claims it was “objectively unreasonable” for Schurr to have shot Lyoya. Schurr’s attorneys argued he is protected by qualified immunity. That prevents officers from being sued for actions taken in the line of duty.
The shooting remains undisputed. What is disputed is both sides’ versions of events. The Court of Appeals said it does not have the jurisdiction to settle a factual dispute.
Schurr says he acted in self-defense after Lyoya resisted arrest numerous times and attempted to grab his taser. Following his death, toxicology results revealed Lyoya’s blood alcohol level was three times the legal limit. Schurr will stand trial, but his attorneys are working to appeal that ruling to the Michigan Supreme Court.
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