GRAND RAPIDS, Mich. (WOOD) — As the family of a man who died after being hit by a cruiser asks that their civil lawsuit continue, the former Michigan State Police detective sergeant who was driving is asking for the suit to be put on pause while an appeal plays out in criminal court.
In April 2024, Samuel Sterling ran away from a task force seeking to arrest him in Kentwood. Officers chased him to a Burger King while then-Sgt. Brian Keely pursued in an unmarked cruiser. Video released by MSP shows Sterling being hit by Keely’s SUV near the restaurant’s entrance. Sterling, 25, was hospitalized and died hours later.
The Michigan Attorney General’s Office charged Keely with second-degree murder and involuntary manslaughter. The case was later moved into federal court after a motion by the defense, which said it belonged there because Keely was acting as part of a U.S. Marshals task force when the death happened. In May of this year, a federal judge dismissed the criminal case. The AG’s Office has filed a notice to appeal that ruling.
Trial set for civil lawsuit in death of man hit by MSP sgt
In the civil lawsuit filed in January, Sterling’s family alleged violations of his Fourth and 14th Amendment protections against excessive force and argued gross negligence and willful and wanton misconduct. In July, Keely asked that the lawsuit be tossed out, citing the dismissal of the criminal case and claiming qualified immunity.
In a response filed Monday, Sterling’s family argued that the civil case shouldn’t be bound by evidence from the criminal case, saying they could still present evidence that he was civilly liable, and that he should not be protected by qualified immunity…