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Judge grants trial in lawsuit over Grand Rapids police officer's fatal shooting of Patrick Lyoya

FILE - Ex-Grand Rapids Police Officer Christopher Schurr appears for a court hearing at the Kent County Courthouse in Grand Rapids, Mich., Oct. 26, 2022. On Monday, Jan. 9, 2023, attorneys for Schurr, a former police officer charged with second-degree murder in the fatal shooting of a Black motorist in western Michigan, asked a judge to dismiss the case. (Cory Morse/The Grand Rapids Press via AP, File)
Cory Morse/AP
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The Grand Rapids Press
FILE - Ex-Grand Rapids Police Officer Christopher Schurr appears for a court hearing at the Kent County Courthouse in Grand Rapids, Mich., Oct. 26, 2022. On Monday, Jan. 9, 2023, attorneys for Schurr, a former police officer charged with second-degree murder in the fatal shooting of a Black motorist in western Michigan, asked a judge to dismiss the case. (Cory Morse/The Grand Rapids Press via AP, File)

DETROIT (AP) — A jury will decide whether a Michigan police officer violated the civil rights of a Black man when he shot him in the back of the head, a judge said Thursday, clearing the path for a trial or settlement years after the fatal encounter was recorded on video.

A second-degree murder charge against Christopher Schurr was dropped after a jury in Kent County couldn't reach a unanimous verdict in 2025. But he still faces a civil lawsuit by Patrick Lyoya's family under different legal standards.

U.S. District Judge Paul Maloney suggested it wasn't difficult to keep the case on track. At this stage, he said he had to view the evidence in a light most favorable to the family.

FILE - Peter Lyoya holds up a picture of his son, Patrick Lyoya, 26, at his home in Lansing, Mich., April 14, 2022. (AP Photo/Anna Nichols, File)
Anna Nichols/AP Photo/Anna Nichols
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AP
FILE - Peter Lyoya holds up a picture of his son, Patrick Lyoya, 26, at his home in Lansing, Mich., April 14, 2022. (AP Photo/Anna Nichols, File)

“The record suggests that (Schurr) shot a man who posed no threat of violence, held no weapon, and who was under Defendant’s physical control,” Maloney said. “That violates the Fourth Amendment right to be free from unreasonable seizures.”

Schurr, who was a Grand Rapids officer, has long claimed self-defense. He says he shot Lyoya in 2022 because the man had control of his Taser. The shooting followed a traffic stop, foot chase and an intense physical confrontation that lasted more than two minutes.

Schurr was on top of Lyoya on the ground when he shot the 26-year-old Congolese immigrant.

Schurr's lawyers told Maloney that he was entitled to immunity in the lawsuit, claiming the “use of force was objectively reasonable.” The judge, however, said Schurr's version of what happened with the Taser doesn't fit with the video.

“Despite every effort to have this case thrown out, the court ruled that the core of Patrick’s civil rights claims will move forward,” said Ven Johnson, a lawyer for Lyoya's family.

A message seeking comment was left for Schurr's attorney.

Schurr, who was a Grand Rapids officer for seven years, was fired after he was charged in 2022.

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