GRAND RAPIDS, Mich. — Months after a federal judge dismissed criminal charges, a trial date has been set in the lawsuit filed by the family of Samuel Sterling against retired Michigan State Police Sergeant Brian Keely.
The former Detective Sergeant was criminally charged in the death of Samuel Sterling in 2024, but a federal judge dismissed the charges earlier this year.
Sterling's family, however, also sued Keely for financial damages tied to the suffering of the 25-year-old before he died from his injuries, as well as the family's loss. The family did not disclose an amount of money it hopes to get through the lawsuit.
The civil lawsuit accuses Keely of violating Sterling's constitutional rights by using excessive force against the 25-year-old.
Keely's attorneys asked a federal judge to dismiss the civil lawsuit. No decision on that motion has been made.
Instead the judge set a number of new deadlines in the case, including when both sides must submit a list of witnesses and experts they plan to call, plus limitations on how much cross-examination will be allowed ahead of trial.
Both Keely and Sterling's family will also be required to attempt to come to a settlement. If no deal can be reached, a jury trial is scheduled for November 2, 2026. It's estimated to run 7-10 days.
The legal process so far
Sterling was hit and killed during a pursuit in Kentwood by an unmarked cruiser that Keely was driving on April 17, 2024. A federal task force run by the U.S. Marshals was trying to arrest Sterling for several outstanding felony warrants.
FOX 17 obtained surveillance video showing the incident.
WATCH: Body camera footage from pursuit of Samuel Sterling
Attorney General Dana Nessel later charged Keely with second-degree murder and involuntary manslaughter — but a federal judge dismissed the case.
On May 28, 2025, Judge Hala Jarbou issued her opinion, saying Keely is entitled to immunity under the Supremacy Clause of the U.S. Constitution because Nessel's office did not present sufficient evidence to show Keely's actions to apprehend Sterling went beyond the reasonable effort needed in policing.
The Attorney General's Office is appealing that ruling with the Sixth Circuit Court of Appeals in Cincinnati, per a court filing on June 23.
Follow FOX 17: Facebook - X (formerly Twitter) - Instagram - YouTube
