Family of Darrius Stewart defends $17M lawsuit, city files motio - WMC Action News 5 - Memphis, Tennessee

Family of Darrius Stewart defends $17M lawsuit, city files motion to throw it out

Darrius Stewart was shot and killed on July 17. (Source: Facebook) Darrius Stewart was shot and killed on July 17. (Source: Facebook)
Officer Connor Schilling (Source: MPD) Officer Connor Schilling (Source: MPD)
MEMPHIS, TN (WMC) -

The City of Memphis filed a motion to throw out a wrongful death lawsuit in the case of a man shot and killed by a former Memphis police officer. 

The family of Darrius Stewart said they vow to continue this fight in court.

"I've been fighting for justice for Darrius for a whole year," Mary Stewart, Darrius Stewart's mother, said. 

"If we don't get no justice, we don't get no peace," Henry Williams, Stewart's father, said.

The Stewart family is asking for $17 million, according to the lawsuit.

Stewart was shot and killed by former Memphis police officer Connor Schilling in July 2015.

Schilling faced internal police charges for going against radio and handcuffing procedures, but he was not indicted in Stewart's death.

Schilling resigned from Memphis Police Department and received a full pension.

Now, the City of Memphis has filed documents in federal court requesting all claims against the city, Toney Armstrong in his official capacity as police director at the time, and the officer who killed Stewart, to be dismissed.

The city claims the family failed to state any claims, but the family attorney disagrees.

"His civil rights were violated," Stewart family's attorney Art Horne said. "Some of the policies and procedures weren't followed closely by the Memphis police department."

The family attorney told WMC Action News that a motion from the city of Memphis was filed earlier in September to challenge the lawsuit against MPD, the City of Memphis, Schilling, and former MPD Director Toney Armstrong.

A status update on the lawsuit in federal court is set for next week.

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