Detroit PD face $50M lawsuit for killing a mentally-ill man
SOUTHFIELD (CBS DETROIT) – The family of Porter Burks, the mentally ill man shot and killed by Detroit police last month, has now filed a lawsuit against the department as activists are demanding answers from city leaders.
"It's just nonsense that this could occur in a civilized society," Geoffrey Fieger, the attorney representing Burks' family, said during a news conference on Tuesday morning.
Burk's mother, Quieauna Wilson, is suing the Detroit police department for $50 million in a wrongful death lawsuit.
"It alleges under Michigan state law gross negligence in the execution of Porter Burks, it alleges assault and battery, and it also alleges violation of the Disabilities Act," Fieger said.
The 18-page complaint details how the 20-year-old suffered from paranoid schizophrenia, causing him to see hallucinations.
In the past, the family had called the police to take him to the hospital to get him help. They did so again on Oct. 2.
But this time, Burks was carrying a pocketknife that police say caused officers to fear for their lives.
In three seconds, they fired 38 bullets.
An autopsy provided by Fieger shows Burks was hit 19 times.
"This is the definition of excessive force. There was absolutely no need to use deadly force in this confrontation," Fieger said
Although DPD Chief James White has previously defended his officer's actions, Fieger believes they had other options.
"All those alternatives included staying in their cars. He was obviously harmless to them while they were in their cars; they sought him out. They provoked the confrontation," Fieger said.
While Fieger was announcing the lawsuit filing, activists took their demands for justice to the Detroit City Council.
"We are demanding with urgency that the names of the five officers that shot and killed, murdered Porter Burks be released," Kate Stenvig, with the coalition 'By Any Means Necessary (BAMN), addressed councilmembers.
The calls are coming from some who've taken to the streets asking for the names in the spirit of transparency and accountability now that the investigation by the Michigan State Police is complete.
"There's no reason not to release those names other than to cover it up," Leanna Mulholland, an activist, said.
The case arrived at the Wayne County Prosecutor's Office Monday evening, a spokesperson told CBS Detroit.
She added they don't have a timeline yet on when a decision on charges, if at all, will be reached.
"It's not acceptable. But it's common practice to try to keep the names and identities of the officers who engaged in this type of activity secret, but they will be known," Fieger said.
Late Tuesday afternoon, the Detroit Police Department sent a statement on behalf of White regarding the lawsuit:
"The Department reiterates that the shooting of Porter Burks was truly a tragic event. The Department will continue to advocate for greater resources for the mental health community and will take every opportunity to improve its response to people suffering from mental illness. We firmly believe that if appropriate mental health facilities and treatment plans had been available, this situation may have been avoided. Regrettably, the DPD remains the primary emergency response service for individuals suffering from mental health emergencies. As this matter is now the subject of active litigation, the Department will no longer provide commentary on this still-pending investigation."
