New Bill Would Give Michigan Police Civil Immunity in Self-Defense Cases

GRAND RAPIDS, MI – A new bill proposed by a state representative would provide civil immunity to Michigan police officers who use deadly force when acting in self-defense.

State Rep. James DeSana, R- Carleton, said the bill, which will be introduced Tuesday, April 29, would make Michigan’s self-defense laws among the strongest in the nation, shielding officers from civil lawsuits even in cases where they kill someone while defending themselves or others.

House Bill 4404 would create a presumption of civil immunity for individuals who are cleared criminally after using force in self-defense, shifting the burden of proof onto plaintiffs.

The bill is being introduced as a high-profile murder trial is taking place for a former Grand Rapids police officer. DeSana held a press conference to announce plans for the bill on Monday, April 28, outside the Kent County Court House, where former officer Christopher Schurr is on trial.

Schurr is charged with second-degree murder for an on-duty altercation that ended with the death of Patrick Lyoya in April 2022.

The two got into a tussle where they fought over control of Schurr’s Taser before the officer fired his weapon into the back of Lyoya’s head while on top of him.

“Someone who defends his life is not guilty of murder, even if he is forced to deal his aggressor a lethal blow,” DeSana argued Monday, citing the Catechism. “Preserving the common good requires rendering the unjust aggressor unable to inflict harm. I’m here today to tell you that these exact circumstances existed for Officer Christopher Schurr.”

DeSana said he plans to read the bill onto the House floor on Tuesday and expects it to go to committee within a month. There has been support among House leadership for the proposed bill, he said.

This bill, DeSana said, would prevent officers from being “hauled civilly into court for doing their job.”

Currently, if an officer is found innocent in a criminal trial, they can still be sued in civil court and forced to prove that they acted in self-defense.

House Bill 4404 would offer the defendant full recovery of legal costs. Under the bill, people found immune can recover attorney fees, court costs and lost wages, easing the financial burden of defending themselves, he said.

About a dozen supporters, many carrying Back the Blue flags, surrounded DeSana during Monday’s press conference. Afterward, they lined the sidewalks in front of the courthouse to show their support for Schurr, met with both cheers and protests from some cars passing by.

Adam de Angeli, founder of the Coalition to Rescue Michigan, argued that Schurr’s shooting of Lyoya was fully justified because Lyoya disobeyed the officer’s commands to stop resisting and engaged in a “hand-to-hand” battle for control of Schurr’s Taser.

De Angeli argued that officers have a right to protect themselves when a suspect is trying to grab one of their weapons, and that Schurr’s case will result in a chilling effect where officers are scared to defend themselves.

“Every police officer in Michigan will pay the price for this, because every single police officer has to fear that using his own weapon in self-defense – which is, by the way, a fear that police officers, more than the average person, have to have because of the nature of their job – that they might be the next Officer Schurr, de Angeli said. “That they’ll be the next person to have their life destroyed. That is a public safety concern for every single person in Michigan.”

A jury of four men and 10 women began hearing the case on Monday morning. The trial is expected to last two weeks.

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