GRAND RAPIDS, Mich. — The former Michigan State Police Sergeant who was criminally cleared in the death of a man he hit with his vehicle is now asking a federal judge to toss out the civil lawsuit brought against him.
Brian Keely's attorneys filed a motion on Monday, June 30 to dismiss a lawsuit filed by the family of Samuel Sterling.
The now-retired Detective Sergeant was behind the wheel of a vehicle that hit Sterling during a pursuit on April 17, 2024.
Criminal charges filed by Michigan Attorney General Dana Nessel were dismissed by a federal judge on May 28. Sterling's family filed a civil lawsuit demanding Keely pay them for their pain and suffering, along with expenses the family incurred for Samuel's medical treatment before his death.
The civil case had been paused while the criminal case was active in state and federal courts.
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Sterling was the target of a federal task force chasing down the probation absconder. The 25-year-old ran when officers moved in to arrest him at a gas station in Kentwood.
Keely used his vehicle to try to block access to a restaurant, instead striking Sterling, pinning him against the building. Sterling died from injuries suffered in that impact.
Nessel charged Keely in state court just over a month later. He retired as a Michigan State Police trooper days after.
Despite a district court judge ruling there was enough evidence to move the case towards trial, Keely successfully appealed to have the case moved to federal court. His attorneys argued he should be protected under the Supremacy Clause of the U.S. Constitution.
The federal judge agreed, dismissing the case on May 28, 2025.
Nessel is appealing that ruling with the Sixth Circuit Court of Appeals in Cincinnati, per a court filing on June 23. It is not clear if the appeals court will take up the case.
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